BARBRIK PROJECTS LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. S. Rajeshwar Rao, learned counsel, appearing for the appellant. Also heard Mr. Ramakant Mishra, learned Deputy Solicitor General, appearing for the respondent No. 1 as well as Ms. Naushina Afrin Ali, learned counsel, appearing for the respondents No. 2 to 4.

(2.) This writ appeal filed by the petitioner is presented against an order dtd. 28/7/2022 passed by the learned Single Judge in WP(T) No. 186/2022 dismissing the writ petition. The writ petition was filed challenging the order dtd. 31/3/2022 passed by the Assessing Officer (for short, the AO) under Sec. 148-A of the Income Tax Act, 1961 (for short, the Act) and the notice issued under Sec. 148 of the Act.

(3.) The petitioner is a company engaged in execution of civil construction works and it had filed return of income tax under Sec. 139(1) of the Act for the Assessment Year (for short, AY) 2018-2019 on 26/3/2019 declaring total income at Rs.43,14,13,840.00. A notice under Sec. 143(2) of the Act was issued to the assessee on 23/9/2019. By an order dtd. 12/4/2021 passed under Sec. 143(3) of the Act, the total income was determined as per the return. Thereafter, the AO, i.e., the respondent No. 4 issued a show cause notice (for short, the SCN) under Sec. 148A(b) of the Act on 24/3/2022 stating that he has information which suggests that income chargeable to tax for the AY 2018-2019 has escaped assessment within the meaning of Sec. 147 of the Act. Alongwith the said SCN, details of the information was enclosed as Annexure A and the assessee was asked to show cause as to why in view of the details contained in Annexure A, notice under Sec. 148 of the Act should not be issued. The assessee was accordingly asked to submit its response to the extent technologically feasible, with supporting documents, if any, electronically in 'e-proceeding' facility through its account in e-filing portal on or before 30/3/2022. It was indicated that the said notice was issued after obtaining prior approval of the Principal Commissioner of Income Tax (Central), Bhopal, dtd. 24/3/2022.