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TMI Blog2022 (10) TMI 37X X X X Extracts X X X X X X X X Extracts X X X X ..... the course of submission appearing for the appellant submitted that notice issued under Section 148A(b) of the Act is barred by limitation. The learned Advocate was candid enough to state that such a ground was not raised by the assessee while their reply to the show-cause notice nor heard before the learned Single Bench. In any event, the limitation being a question of law and touching upon the jurisdiction of the authority to initiate proceedings, it could be raised at any stage of the proceedings and it will not preclude the assessee from doing so, even at the appellate state before us. As we are fully satisfied that there has been violation of natural justice we are inclined to set aside the order passed by the assessing officer unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing for the respondent. The assessing officer had issued a notice under Section 148(A)(d) of the Act dated 27th May, 2022, wherein it has been stated that credible information has been received through insight portal stated that the assessee opened a current bank account with Axis Bank Burrabazar Branch, Kolkata in the name of Bengal Steel Sales Industries, proprietorship firm at Calcutta and this account was linked with three transactions. Further it was stated that during the financial year 2013-14 total credits in the said account was Rs.15,53,19,876/- and the debit was Rs.15,07,94,111/-. It was further stated that such huge transaction is not commensurate with the financial status of the assessee and, therefore, the source of ent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee undertook to produce books of accounts and other documents relevant to the said assessment year. Further, the assessee reserved their right to submit a full details of the transaction with the alleged two persons, if they are disclosed and certain other factual details as to how notice is not sustainable. Further the assessee pointed out that denial of personal hearing and cross-examination will be a breach of principles of natural justice and requested to consider such a prayer. The assessing officer did not afford an opportunity of personal hearing to the assesse but proceeded to pass the order under Section 148A(d) of the Act dated 28th July, 2022 which was impugned in the writ. On a reading of the said order we find a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Bench. In any event, the limitation being a question of law and touching upon the jurisdiction of the authority to initiate proceedings, it could be raised at any stage of the proceedings and it will not preclude the assessee from doing so, even at the appellate state before us. As we are fully satisfied that there has been violation of natural justice we are inclined to set aside the order passed by the assessing officer under Section 148A(d) dated 28th July, 2022 and restore the matter back to the file of the assessing officer with certain directions. Mr. Samarjit Roychowdhury, learned standing Counsel placed reliance on the order passed by the Hon ble Supreme Court dated 2nd September, 2022 in the case of Anshul Jain Vs. Principal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t request for cross-examination of those two named persons and the assessee will also be entitled to raise the plea of limitation. After affording an effective opportunity the assessing officer shall proceed to take a decision in the matter by passing a reasoned order on merits and in accordance with law. Consequently, the notice issued under Section 148A(b) dated 28th July, 2022 shall not be enforced and shall abide by the orders that would be passed by the assessing officer in terms of the above direction. Needless to state that the assessee shall extend full cooperation in the proceeding before assessing officer. We make it clear that we have not rendered any decision on merits and it will be open to the assessee to raise all point ..... X X X X Extracts X X X X X X X X Extracts X X X X
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