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TMI Blog2022 (10) TMI 771X X X X Extracts X X X X X X X X Extracts X X X X ..... cations is allowed and the show cause notice issued under Section 148A(b) of the Act as well as the order passed under Section 148A(d) of the Act and the notice issued under Section 148 of the Act for the assessment year 2018-19 are quashed. - W.P.(C) 13734/2022 & CM APPL.41911/2022 - - - Dated:- 17-10-2022 - HON BLE MR. JUSTICE MANMOHAN AND HON BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA Petitioner Through: Mr. Aditya Ajgaonkar, Advocate with Mr. Vikas Jain, Mr. Aviral Saxena and Mr. Manjeet Rathod, Advocates. Respondents Through: Mr. Puneet Rai, Sr. Standing Counsel with Ms. Adeeba Mujahid, Jr. Standing Counsel and Mr. Nikhil Jain, Advocate. J U D G M E N T MANMOHAN, J: CM APPLs.41912-41913/2022 (exemption ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tra to Manu Garments [now amalgamated with the Petitioner] for a consideration of Rs. 3,09,95,000/- had been done in accordance with the provisions of Rules 11U and 11UA of the Income Tax Rules, 1962 by a qualified Chartered Accountant. 4. He, however, states that the Respondents passed the impugned order under Section 148A(d) of the Act on a completely different ground that the company Manu Garments was not sound so as to make an investment of more than Rs.3 crores and so the source of investment remained unexplained. He points out that this reason/information was not mentioned in the impugned show cause notice. He contends that the Petitioner was not provided any proper and effective opportunity to reply to the authorities as there was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y had taken accommodation entries of Rs.1,90,84,654/- from twenty eight bogus entities maintained by one Sh.Deepak Nanjyani. Since the foundational allegation was present in the notice issued under Section 148A(b) of the Act, this Court in the said case permitted the Assessing Officer to supply the names of twenty eight bogus entities as well as the bank details of one Raj Trading Company. Consequently, the present case is clearly distinguishable from the case of Mahashian Di Hatti Pvt. Limited (supra). 10. Keeping in view the aforesaid, the present writ petition along with applications is allowed and the show cause notice issued under Section 148A(b) of the Act as well as the order passed under Section 148A(d) of the Act and the notice ..... X X X X Extracts X X X X X X X X Extracts X X X X
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