TMI Blog2022 (9) TMI 984X X X X Extracts X X X X X X X X Extracts X X X X ..... for no interference at this stage. Validity of first proviso to Section 149 as decided in Touchstone Holdings Pvt. Ltd. [ 2022 (9) TMI 892 - DELHI HIGH COURT] reassessment notice be deemed as a notice issued under Section 148A of the Act and permitted Revenue to complete the said proceedings. In this case, the income alleged to have escaped assessment is more than 50 lakhs and therefore, the rigour of Section 149(1)(b) of the Act (as amended by the Finance Act, 2021) has been satisfied. Consequently with the aforesaid liberty, the present writ petition and applications stand disposed of. It is also clarified that the petitioner shall be at liberty to raise all its contentions and submissions before the Assessing Officer, except the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rajasthan, Jaipur based on the report of the Committee appointed by the High Court. He states that the High Court of Rajasthan at Jaipur vide order dated 10th March, 2021, after considering the Report of the Committee dated 12th March, 2018 constituted for evaluation of the alleged illegal mining done by the Petitioner in the year 2012-2013 under its order, set aside the order dated 22nd June, 2017 issued by the Joint Secretary, Department of Mines, Government of Rajasthan, Jaipur, raising additional demands against petitioner and remitted the report dated 12th March, 2018 to the State of Rajasthan with liberty to take such steps as it may be advised strictly in accordance with law. 4. Consequently, learned counsel for petitioner conten ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s not been conclusively settled in petitioner s favour. The State of Rajasthan still has the option to conduct a further inquiry. 8. In any event, the aforesaid facts disclose that there is a prima facie allegation of income having escaped assessment which will have to be examined by the Revenue Authorities and not the State of Rajasthan. Consequently, the notice under Section 148 of the Act calls for no interference at this stage. 9. As far as the validity of first proviso to Section 149 of the Act is concerned, this Court in Touchstone Holdings Pvt. Ltd. vs. Income Tax Officer, Delhi Ors., W.P.(C) 13102/2022 has held as under:- 16. The petitioner s challenge to the paragraph 6.2.(i) of the CBDT Instruction No.1/2022 dated ..... X X X X Extracts X X X X X X X X Extracts X X X X
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