TaxTMI 
TaxTMI 
2022 (9) TMI 197
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....on 148A (a) of the Income Tax Act, 1961 (for short "the Act, 1961"), notice dated 21.03.2022 (Annexure P/2) issued under clause(b) of Section 148A of the Act, 1961, order & notice dated 30.03.2022 (Annexure P/4) passed under Section 148A(d) & Section 148 of the Tax Act, 1961 respectively & notice dated 09.05.2022 (Annexure P/5) issued under Section 142 (1) of the Act, 1961. 2. Learned counsel for the petitioner would submit that the petitioner appeared before assessing authority on 25.03.2022 (Annexure P/3) in pursuance of the notice dated 21.03.2022 (received through email on 22.03.2022) and sought one month's time to submit clarification. The respondent authority has not given sufficient time as per Section 148A(b) of the Act, 1961....
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....149 of the Act." 11. Consequently, the impugned order dated 31stMarch, 2022 issued under Section 148A(d) of the Act and the notice dated 31stMarch, 2022 issued under Section 148 of the Act are set aside. 12. The petitioner is directed to file its reply within a period of 02 (two) weeks. 13. The respondent is directed to open the e-portal to enable the petitioner to upload its reply. In the event, the Assessing Officer wants clarification or would like the petitioner's response to any specific information received by the revenue, it shall be open to give a supplementary notice. The respondent is directed to pass a reasoned order within 08 (eight) weeks after duly considering the reply filed by the respondent. T....
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....t, 1961. For better understanding, it is expedient for this Court to extract Section 148 of the Act, which is as under:- "148A. Conducting inquiry, providing opportunity before issue of notice under section 148- The Assessing Officer shall, before issuing any notice under section 148,-- (a) conduct any enquiry, if required, with the prior approval of specified authority, with respect to the information which suggests that the income chargeable to tax has escaped assessment; (b) provide an opportunity of being heard to the assessee, by serving upon him a notice to show cause within such time, as may be specified in the notice, being not less than seven days and but not exceeding thirty days from the date on which s....
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....ized in a search under section 132 or requisitioned under section 132A, in the case of any other person on or after the 1st day of April, 2021, belongs to the assessee; or (c) the Assessing Officer is satisfied, with the prior approval of the Principal Commissioner or Commissioner that any books of account or documents, seized in a search under section 132 or requisitioned under section 132A, in case of any other person on or after the 1st day of April, 2021, pertains or pertain to, or any information contained therein, relate to, the assessee; or (d) the Assessing Officer has received any information under the scheme notified under section 135A pertaining to income chargeable to tax escaping assessment for any assessment year in t....