TMI Blog2024 (2) TMI 113X X X X Extracts X X X X X X X X Extracts X X X X ..... authority, with respect to the information which suggests that the income chargeable to tax has escaped assessment; (ii) provide an opportunity of being heard to the assessee, with the prior approval of specified authority; (iii) consider the reply of the assessee furnished, if any, in response to the show cause notice referred to in clause (b); and (iv) decide, on the basis of material available on record including reply of the assessee, as to whether or not it is a fit case to issue a notice under Section 148 and (v) the AO is required to pass a specific order within the time stipulated. Also stated in the above case that all safeguards are provided before notice under Section 148 of the IT Act is issued. At every stage, the prior approv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of Notices for respondents so also for newly added respondent No. 3. Stand over to 5.12.2023. In the meanwhile, effect and operation of Notice u/s 142(1) of the said Act; impugned Notice under Section 148; impugned order under Section 148A(d), and impugned Notices under Section 148A(b) is stayed. - URMILA JOSHI-PHALKE, J. For the Petitioner : Shri J.T. Gilda, Senior Counsel assisted by Shri A.J. Gilda, Advocate. For the Respondents : Shri Bhushan Mohta, Counsel. ORDER 1. Leave is granted to the petitioner to array Assessment Unit, Income Tax, National Faceless Assessment Centre, New Delhi as respondent No. 3. 2. By this petition, the petitioner has challenged Notices and order issued by respondent No. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Taxes, Ministry of Finance, Government of India, published E-Assessment of Income Escaping Assessment Scheme 2022 vide Notification No. 18/2022 in the Official Gazette. The Scheme specially mentions that issuance of Notice under Section 148 of the said Act shall be through automated allocation. 6. Despite the fact that pursuant to the CBDT Scheme dated 29.3.2022, it was mandatory for the Assessing Authority to initiate re-assessment proceedings only through the modality prescribed under the Scheme, respondent No. 1 proceeded to issue Notice under Section 148A(b) of the said Act on 20.3.2023 requesting to show cause as to why a Notice under Section 148 of the said Act should not be issued. The alleged information, on the basis of which t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e said Act whereby the petitioner additionally submitted that the cash sheets are bogus and sham documents prepared by the then Chief Managing Director of the company. However, without considering the detailed reply of the petitioner, in an objective manner, respondent No. 1 reiterated its earlier stance and passed the order under Section 148(d) of the said Act indicating that the case is fit for issuance of Notice under Section 148 of the said Act. Resultantly, on 31.3.2023, respondent No. 1 issued Notice under Section 148 of the said Act directing the petitioner to furnish its return for reassessment of income for Assessment Year 2016-17. 9. Learned Senior Counsel Shri J.T. Gilda for the petitioner, submitted that in view of the decisi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e assessee, there is a requirement of conducting any enquiry, the assessing officer may do so and conduct any enquiry. Thus, if the assessing officer is of the opinion that any enquiry is required, the assessing officer can do so, however, with the prior approval of the specified authority, with respect to the information which suggests that the income chargeable to tax has escaped assessment. 10. Learned Senior Counsel Shri J.T. Gilda for the petitioner, submitted that there was neither prior approval before issuance of show cause notice under Section 148A of the said Act nor there was approval before initiating action under Section 148A of the said. Thus, procedure adopted by respondent No. 1 is arbitrary to observations of the Honoura ..... X X X X Extracts X X X X X X X X Extracts X X X X
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