2022 (7) TMI 1407

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.... P-1), order passed under Section 148A(d) dated 31.3.2022 along with notice under Section 148 (Annexure P-2) for the assessment year 2018-19. 2. The petitioner is a Company incorporated under the provisions of the Companies Act, 1956 and is an assessee under the Income Tax Act. For the assessment year 2018-19, the petitioner filed the income tax return declaring total income amounting to Rs.2,26,23,550/-. The assessment was completed under Section 143(3) read with Section 144B of the Act vide order dated 20.04.2021. On 9.3.2022 the petitioner was served with notice under Section 148A (b) of the Act for the same assessment year i.e. 2018-19 claiming that the information with the authorities suggests that the income chargeable to the tax f....

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....142 of 2022 decided vide order dated 2.6.2022 titled as Gian Castings Pvt. Ltd. Vs. Central Board of Direct Taxes and others holding that :- "12. Thus, the consistent view is that where the proceedings have not even been concluded by the statutory authority, the writ Court should not interfere at such a pre-mature stage. Moreover it is not a case where from bare reading of notice it can be axiomatically held that the authority has clutched upon the jurisdiction not vested in it. By now it is well settled that there is vexed distinction between jurisdictional error and error of law/fact within jurisdiction. For rectification of errors statutory remedy has been provided. 13. In the light of aforesaid settled proposition of l....