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2023 (3) TMI 524

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..... the Explanation in Section 149 where the asset also includes the deposits in the bank account, moreover, it is not an exhaustive definition but, by all means an inclusive definition - HELD THAT:- Having heard both the sides and having also considered the material on the record, the aspect that needs to be considered by this Court is as to whether any interim relief at this stage is necessary, since the re-assessment for the AY 2015-16, 2016- 17 and 2017-18 continue, pursuant to the notice issued under Section 148 of the Act in post Union of India versus Ashish Aggarwal [ 2022 (5) TMI 240 - SUPREME COURT] At this stage, learned advocate, Mr.Hardik Vora seeks permission to withdraw these petitions - Permission, as prayed for withdrawal, .....

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..... has any grievance on merits thereafter, the same has to be agitated before the Assessing Officer in the re-assessment proceedings. Under the circumstances, the High Court has rightly dismissed the writ petition. No interference of this Court is called for. The present Special Leave Petition stands dismissed. Pending applications stand disposed of. 3. It is also the say of the respondent that the return of income for A.Y. 2015-16 was filed on 14.10.2015. The information has been flagged on the insight portal as uploaded by the Directorate of Income Tax (Systems) after risk profiling based on enquiry reports and finding of Directorate of Income Tax (Investigation) and Directorate of Investigation Criminal Investigation. .....

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..... r any of these, this should be the ground for the Court not to allowing the further assessment pursuant to the notice impugned. It is also for the year 2016-17 and 2017-18 raised the objection of the approval granted by the Principal Commissioner and not the Principal Chief Commissioner. 7. Learned advocate Mr.Karan Sanghani, appearing for the learned senior standing counsel Mrs.Kalpanak Raval for the respondent authorities has forcefully argued before this Court that the case is covered under the Explanation in Section 149 of the Act, where the asset also includes the deposits in the bank account, moreover, it is not an exhaustive definition but, by all means an inclusive definition. He also further has urged that insight portal has rev .....

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