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TMI Blog2023 (7) TMI 1163X X X X Extracts X X X X X X X X Extracts X X X X ..... also sent to Assessee. There is no allegation that Petitioner has made any imports. Petitioner has not been even called upon to produce documents regarding any imports. Therefore, we wonder how could Respondent No. 1 make an allegation that Petitioner has not submitted any documentary evidence regarding imports to refute the claim that imports were bogus. We quash and set aside the order issued u/s 148A(d) of the Act and remand the matter for de-novo consideration. - K. R. SHRIRAM FIRDOSH P. POONIWALLA, JJ. For the Petitioner : Mr. Rahul Sarda i/b. Ms. Neelam Jadhav. For the Respondents : Mr. Akhileshwar Sharma a/w. Ms. Shilpa Goel. P.C.:- 1. With the consent of Counsel we have taken up the matter for fin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... details, it was stated that Petitioner used M/s. Jogi Gems to import diamonds through a chain of intermediaries to escape any regulation by Government authorities and banks with respect to related party transactions for evading transfer pricing compliance. 5. Petitioner replied vide letter dated 15th April 2023. At the outset, Petitioner called upon Respondent No. 1 to provide all documentary details/information/material based on which the notice under Section 148A(b) of the Act was issued, to be able to effectively respond. It is Petitioner s case that no details were provided. In any event, Petitioner also provided Audited Financials with Audit Report, Stock Registers, Purchase Registers, Ledger Confirmations, Sales Registers, Bank St ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er documents were required has been submitted. Instead of issuing vague notices, it would help Assessee also to effectively respond, if the notices are clearly worded and a list of what information/document is required is also sent to Assessee. There is no allegation that Petitioner has made any imports. Petitioner has not been even called upon to produce documents regarding any imports. Therefore, we wonder how could Respondent No. 1 make an allegation that Petitioner has not submitted any documentary evidence regarding imports to refute the claim that imports were bogus. 6. In the circumstances, we quash and set aside the order dated 20th April 2023 issued under Section 148A(d) of the Act and remand the matter for de-novo consideration ..... X X X X Extracts X X X X X X X X Extracts X X X X
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