2024 (7) TMI 1773

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....rit Petition No. 14654 of 2024 (T-IT) - -<br>Income Tax<br>Hon&#39;ble Mr. Justice S. Sunil Dutt Yadav For the Petitioner : Sri. Ravi Shankar S.V., Advocate. For the Respondents : Sri. M. Dilip, Junior Standing Counsel. ORDER Petitioner has called in question the validity of the notice under Section 148-A(b) of the Income Tax Act, 1961 (for short &#39;the Act&#39;) at Annexure-A as wel....

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....ceedings leading to passing of the assessment order, are required to be set aside. 4. Section 148-A(b) of the Act reads as follows: "(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 such notice ....

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....itiating fresh proceedings may be difficult in light of permissibility to issue fresh proceedings at this point of time. 7. Learned counsel for the petitioner submits that even on merits, as the requirement under Section 149(1)(b) is for income having escaped assessment and if the income is less than Rs.&nbsp;50,00,000/- the question of applicability on the extended time does not arise and acco....