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of <h1>Reopening of tax assessment under section 148A requires procedural compliance; failure led to dismissal of the Special Leave Petition</h1> Reopening of income-tax assessment requires strict compliance with the procedure in section 148A; non-application of mind by the assessing officer and ... Validity of reopening of assessment - applicability of procedure u/s 148A - reason to believe - information received from another department - distinction made between a transaction of sale and purchase As decided by HC [2025 (3) TMI 1498 - RAJASTHAN HIGH COURT] non-application of mind by the AO while issuing notice u/s 148A(b) is writ large. There was no distinction made between a transaction of sale and purchase. It is a classic case where on the basis of an information received from another department the proceedings were initiated without considering the relevance of the information qua the Act. Non-compliance of the procedure as given in section 148A of the Act vitiates the proceeding being an unreasonable exercise of power. There cannot be a dispute that the procedure stipulated u/s 148A is mandatory. HELD THAT:- After hearing learned counsel for the petitioner, we do not find any case is made out for interference with the impugned order passed by the High Court. The Special Leave Petition is, accordingly, dismissed. Outcome: Special Leave Petition dismissed [No detailed order].
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