Court affirms Section 148A(b) notice validity; Orders consistent assessment, personal hearing, and closure.

The court upheld the validity of the notice issued under Section 148A(b) of the Income Tax Act, 1961, stating it was issued under the new regime. The court directed the Assessing Officer to consider the record of earlier assessment years for consistency in assessment and ordered a thorough assessment process with a personal hearing for the petitioner's representative to address concerns, closing the pending application.

---

---

Issues involved:
The judgment involves challenging an order passed under Section 148A(d) of the Income Tax Act, 1961, along with notices issued under Section 148 of the Act and Section 148A(b) of the Act. The petitioner contests the sustainability of the notices and the reasons for reassessment triggered against them.

Challenge to Notice dated 23.05.2022 under Section 148A(b) of the Act:
The petitioner argued that the notice is unsustainable due to the reference to a Supreme Court decision and the expiration of limitation for the Assessment Year (AY) in question. The respondent contended that the notice is valid as the limitation had not expired by the relevant time. The court agreed that the notice cannot be declared untenable in law as it was issued under the new regime, under Section 148A(b) of the Act.

Reassessment Triggered by Survey Conducted on 22.12.2020:
The petitioner raised concerns regarding the reasons for reassessment proceedings initiated for AYs 2013-14 to 2017-18, which were similar to those for AY 2019-20. The petitioner argued that these aspects were not considered by the Assessing Officer (AO) while passing the order dated 30.07.2022. The court acknowledged the petitioner's argument that the AO should consider the record of earlier assessment years before passing the assessment order.

Principle of Consistency in Assessment:
The court emphasized the importance of consistency in assessing similar or same aspects across different assessment years. While noting that each assessment year is distinct, the court directed the AO to apply the principle of consistency before passing the assessment order. The AO was instructed to accord a personal hearing to the petitioner's authorized representative and issue a speaking assessment order addressing the concerns raised regarding completed assessments for other AYs involving similar aspects.

Disposition of the Writ Petition:
The writ petition was disposed of with the direction for the AO to conduct a thorough assessment considering the petitioner's submissions and ensuring a fair process. The parties were instructed to act based on the digitally signed copy of the order, and the pending application was closed accordingly.

---