TaxTMI 
TaxTMI 
2026 (9) TMI 1468
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....ssessment order dated 21.03.2026, so also, the proceedings which have been initiated against the petitioner vide notice dated 24.03.2025, issued under Section 148 of the Income Tax Act, 1961 (hereinafter referred to as 'the Act of 1961'). 2. In response to the Court's query, as to why the petitioner should not avail the statutory remedy available to her under the provisions of the Act of 1961, learned counsel responded that since the initiation of the proceedings itself was fundamentally void and without jurisdiction, and the same has resulted in the assessment order, the remedy of appeal should not be taken to be a bar in the petitioner's way of invoking the writ jurisdiction of this Court. In this regard, learned counsel argued that th....
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....n, jewellery or other valuable article or thing, seized or requisitioned under section 132 or section 132A in case of any other person on or after the 1st day of April, 2021, belongs to the assessee; or (iv) the Assessing Officer is satisfied, with the prior approval of Principal Commissioner or Commissioner, that any books of account or documents, seized or requisitioned under section 132 or 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, the Assessing Officer shall be deemed to have information which suggests that the income chargeable to tax has escaped assessment in the case of the assessee 21 [where]....
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....for the parties. 8. While observing that if the petitioner had any concern or grievance regarding the issuance of notice under Section 148 of the Act of 1961, which was issued on 24.03.2025, it was incumbent upon the petitioner, to have approached the Court, soon after the notice was served, at least before visiting with an assessment order. Whereas, the petitioner has come before this Court, once he has been faced with an assessment order. In normal circumstances, once an assessment order has been passed, the correct course of action for the assessee is to avail the statutory remedies. 9. However, since the petitioner has raised a jurisdictional issue and a question of law, and that apart since learned counsel has insisted upon decis....