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TMI Blog2022 (10) TMI 233X X X X Extracts X X X X X X X X Extracts X X X X ..... s made to file response to notices u/s 148A despite having been duly acknowledged, no time was granted and the orders were passed which has resulted in miscarriage of justice because according to the petitioners one single transaction of alleged cash deposit of Rs.34,01,000/- has been taken into consideration as two different cash deposits to make it Rs.68,02,000/- only to surpass the bar under Se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etitioners is factually incorrect and not borne out from any of the record including transactions made as entered in the accounts of the bank, we are of the view that this objection should be taken into consideration by the authority concerned in proceedings under Section 148 which have now been initiated. The authority would be obliged under the law to decide this very objection with reference ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Mahendra Gargeiya, Advocate with Mr. Anurabh Dey, Advocate, Mr. Devang Gargeiya, Advocate ORDER Heard. Challenge to initiation of proceedings under Section 148A of the Income Tax Act, 1961 (hereinafter referred to as I.T. Act ), as also orders dated 29.03.2022 passed under clause (d) of Section 148A of the I.T. Act and issuance of subsequent notices under Section 148 of the I.T. Act h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the I.T. Act do not refer to such prayer for adjournment. However, taking into consideration that the material placed before us does not show any extraordinary grounds for seeking such adjournment, only on that ground we are not inclined to interfere with the orders which have been passed under clause (d) of Section 148A of the I.T. Act. However, at the same time taking into consideration the v ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the objection raised by the petitioners that the alleged income chargeable to tax is less than Rs.50,00,000/- as there is only single alleged transaction of Rs.34,01,000/- and not two transactions as stated in the proceedings drawn under Section 148A of the I.T. Act. With the aforesaid directions, these petitions, at this stage, are disposed off with liberty to the petitioners to revive their ..... X X X X Extracts X X X X X X X X Extracts X X X X
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