Incorrect statutory reference in reassessment order led to annulment, with liberty to restart proceedings under the correct provision.

An order under Section 148A(d) of the Income-tax Act was set aside where the Revenue accepted that incorrect statutory provisions had been cited. The Court noted that an order is not ordinarily interfered with merely because of an incorrect reference, but the Revenue itself sought annulment and liberty to proceed under the correct provision. Fresh notice under Section 148A(b) could therefore be issued in accordance with law, preserving the Revenue's ability to restart reassessment proceedings on the proper statutory footing.

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Issues: Whether the order passed under Section 148A(d) of the Income-tax Act, 1961 was liable to be set aside and whether the Revenue could be permitted to issue a fresh notice under Section 148A(b) of the Income-tax Act, 1961.

Analysis: The impugned order was challenged on the ground that incorrect provisions had been cited. The Revenue fairly submitted that the order deserved to be set aside for that reason. The Court noted that while an order may not ordinarily be interfered with merely because of an incorrect statutory reference, the Revenue itself sought setting aside of the order with liberty to proceed afresh under the correct provision.

Conclusion: The impugned order was set aside and the Revenue was permitted to issue a fresh notice under Section 148A(b) of the Income-tax Act, 1961 in accordance with law.

Final Conclusion: The assessee succeeded in having the adverse order annulled, while the Revenue retained liberty to restart the reassessment process in the manner permitted by law.

Ratio Decidendi: Where the Revenue itself accepts that an order under Section 148A(d) has been passed by citing incorrect provisions, the order may be set aside and fresh proceedings may be initiated under the correct statutory provision in accordance with law.

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