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TMI Blog2022 (9) TMI 41X X X X Extracts X X X X X X X X Extracts X X X X ..... Consequently, the impugned order under Section 148A(d) and the impugned notice under Section 148 of the Act, both dated 30th July, 2022 are set aside and the matter is remanded back to the Assessing Officer for a fresh decision. Petitioner is given liberty to file amended/additional reply to the notice issued under Section 148 of the Act within four weeks. The Assessing Officer is directed to pass an order under Section 148A(d) of the Act within four weeks thereafter in accordance with law. - W.P.(C) 11872/2022 and CM APPL. Nos. 35472-73/2022 - - - Dated:- 29-8-2022 - HON'BLE MR. JUSTICE MANMOHAN AND HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA Petitioner Through : Ms. Rano Jain and Mr.Venketesh Chaurasia, Advocates. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gned property was duly recorded as the turnover of the Petitioner and a penalty amounting to Rs.7,04,000/- under Section 271D read with Section 269SS of the Act had already been levied on the Petitioner vide order dated 12th June, 2019. 3. Learned counsel for the petitioner states that the petitioner appealed against the penalty order before the Commissioner of Income Tax (Appeals) [ CIT(A) ] under Section 271D of the Act and later opted for settling the dispute under the Direct Tax Vivad Se Vishwas Act 2020. She states that the Petitioner paid an amount of Rs.1,76,000/- and an order for full and final settlement of tax arrears under Section 5(2) read with Section 6 of The Direct Tax Vivad Se Vishwas Act, 2020 in Form No.5 was issued to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reby the above referred sale of Flat to Mr. Kanhaiya Lal for Rs 56,00,000/- has been duly considered in the turnover reported in the Audited Profit and Loss Account for the relevant AY 2017 - 18 and sales proceeding from that, both cash part of Rs 7,04,000/- and amount through banking channel and TD8 has been duly recorded in the Books of Account maintained for the AY 2017 - 18. 5. In support of the aforesaid contention, she relies upon pages 37 and 52 of the paper-book which includes Form No. 26AS. She states that the impugned action of the Respondent of issuing a notice under section 148 of the Act and passing an order under section 148A(d) of the Act based on different and separate grounds than the one stated as per information supp ..... X X X X Extracts X X X X X X X X Extracts X X X X
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