1. Challenging the order passed under Section 148A(3) of the Income Tax Act,
1961 (hereinafter referred to as ‘the said Act’) dated 26th June, 2025 for the
assessment year 2021-22 issued by the jurisdictional assessing officer, the
instant writ petition has been filed.
2. The learned Advocate appearing for the petitioner would submit that the
order suffers from non-application of mind. In any event, according to him,
the jurisdictional assessing officer was not competent to issue the notice
under Section 148 of the said Act contrary to the scheme notified under
Section 151A of the said Act.
3. Having heard the learned Advocates appearing for the respective parties, I
find that in response to the notice under Section 148A(1) of the said Act for
the assessment year 2021-22, the petitioner had duly filed a detailed
explanation. Such explanation was duly considered by the authorities in
accordance with law and the assessing officer in the concluding portion of
the order has held that the assessee could not explain properly the source
of fund for advancing the loan of Rs.6 crore. Therefore, the same has been
made chargeable to tax which has escaped assessment. In furtherance
thereto, the notice has been issued under Section 148 of the said Act.
Prima facie the same does not appear to be irregular. However, having
regard to the jurisdictional issue raised by the petitioner as regards the
competence of jurisdictional assessing officer to issue notice under Section
148 of the said Act, I am of the view that the writ petition should be heard.
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