2025 (10) TMI 1018

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....r the petitioner and learned Senior Standing Counsel Mr. Karan Sanghani for the respondents. 2. Rule returnable forthwith. Learned Senior Standing Counsel Mr. Karan Sanghani waives service of notice of rule on behalf of the respondents. 3. Having regard to the controversy in a narrow compass, with the consent of the learned advocates for the parties, the matter is taken up for hearing. 4. By this petition under Articles 226/227 of the Constitution of India, the petitioner has prayed for quashing and setting aside the impugned order passed by the respondent no. 1 under Section 148A(d) of the Income Tax Act, 1961 (For Short "the Act") dated 31.08.2024 as well as the notice dated 31.08.2024 under Section 148 of the Act for the Assessm....

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....of the Act alleging bogus sales transactions with same party i.e. M/s. Tanman Jewels Pvt. Ltd. amounting to Rs. 1,48,05,575/- and thereby directed to furnish reply by 28.08.2024. It is the case of the petitioner that the respondent allowed only four days' time to respond to the notice, which is contrary to the minimum required statutory period of seven days as mandated under Section 148A(b) of the Act. 5.5. It is further the case of the petitioner that due to insufficient time provided, the petitioner was unable to file reply and adequately rebut the fresh allegations made in the second notice dated 24.08.2024. It is the case of the petitioner that on the basis of the aforesaid two notices, the respondent under Section 148A(d) of the Act....

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....ments :- "4. At the outset, I most respectfully submit that the petitioner has challenged the impugned notice dated 31.08.2024 issued under Section 148 of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') for A.Y 2018-19 as well as the order dated 31.08.2024 passed under section 148A(d) of the Act submit that this petition is premature and there is an alternative efiicacious remedy available under the law. The assessment pursuant to impugned notice is yet to be framed. In other words, the petitioner if aggrieved by the assessment order yet to be framed can file an appeal before the CIT (Appeals) and thereafter to the Appellate Tribunal. It is a settled law that the person aggrieved cannot abandon the statutory mechani....

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....24.08.2024 wherein the petitioner was directed to furnish reply by 28.08.2024 which time period is less than the time stipulated under Section 148A(b) of the Act. Section 148A(b) of the Act reads as under :- Section 148A The Assessing Officer shall, before issuing any notice under Section 148 :- (a) xxx xxx (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 not exceeding thirty days from the date on which such notice is issued, or such time, as may be extended by him on the basis of an application in this behalf, as to why a notice under Section 148 should not be issued on the ....