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of <h1>Tax Assessment Reopened: Procedural Compliance Confirmed, Taxpayer's Right to Challenge Preserved Under Section 148A</h1> <h3>ADWEALTH STOCK BROKING PRIVATE LIMITED Versus UNION OF INDIA AND ORS</h3> ADWEALTH STOCK BROKING PRIVATE LIMITED Versus UNION OF INDIA AND ORS - TMI The Calcutta High Court, through Justice Md. Nizamuddin, dismissed the writ petition challenging the order passed under Section 148A(d) of the Income Tax Act, 1961, for assessment year 2016-17. The petitioner contended that the assessment was reopened on the same grounds as those pending in appeal, specifically regarding unexplained cash credit of Rs. 25 lakhs and deemed expenditure of Rs. 1,17,010/-. However, the Court found that the impugned notice under Section 148A(b) did not rely on these pending appeal issues as grounds for reopening, rendering this challenge unsustainable.Further, the petitioner argued that the assessing officer failed to consider its reply to the Section 148A(b) notice before passing the Section 148A(d) order. The Court rejected this claim, holding there was no procedural irregularity, violation of principles of natural justice, or contravention of law in the impugned order.The Court held: no interference with the order under Section 148A(d) was warranted, but the petitioner remains 'at liberty to raise all the points raised in this writ petition before the assessing officer' in subsequent proceedings, who 'shall consider the same in accordance with law.'
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