MIDLAND MICROF LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of present writ petition filed under Article 226 of the Constitution, the petitioner seeks issuance of writ in the nature of certiorari for quashing notice issued to the petitioner under Sec. 148A (b) of the Income Tax Act, 1961 (for short 'the Act') dtd. 9/3/2022 (Annexure P-1), order passed under Sec. 148A(d) dtd. 31/3/2022 along with notice under Sec. 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.2,26,23,550.00. The assessment was completed under Sec. 143(3) read with Sec. 144B of the Act vide order dtd. 20/4/2021. On 9/3/2022 the petitioner was served with notice under Sec. 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 for the assessment year 2018-19 has escaped the assessment within the meaning of Sec. 147 of the Act. The petitioner responded to the same vide replies dtd. 15/3/2022 and that dtd. 16/3/2022. The explanation offered by the petitioner was rejected vide order dtd. 31/3/2022 passed under Sec. 148A(d) which was served upon the petitioner along with notice under Sec. 148 dtd. 31/3/2022 (Annexure P-2). The petitioner has approached this Court seeking writ of certiorari against the proceedings initiated under Sec. 148A(b) for the assessment year 2018-19 finally culminating in the notice issued under Sec. 148 of the Act. The details of the information and the enquiry on the basis of issuance of notice were supplied to the petitioner along with the said notice. The challenge to the notice under Sec. 148A (b) and Sec. 148 has been raised contending that the stand of the petitioner has not been taken into consideration resulting in miscarriage of justice.

(3.) We have heard learned Counsel for the petitioner and have carefully gone through the records of the case.