9911796707
TMI Blog2023 (9) TMI 116X X X X Extracts X X X X X X X X Extracts X X X X ..... nt cannot but concur that the minimum statutory timeframe provided under the provisions of Section 148A(b) for filing the response is seven (7) days, which, in this case, was clearly not provided to the petitioner. Therefore, we would be entering into an area of uncertainty if we were to accept that in this case, the two (2) days granted to the petitioner via the notice dated 27.03.2023 was sufficient.The statute, as indicated above, provides a specific timeframe and therefore, that leeway would have to be granted to the assessee. Having regard to the fact that the responses to notices form part of the impugned order dated 31.03.2023 passed under Section 148A(d) in our view, the best way forward would be to set aside the said order wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 05.03.2023 under Section 148A(b) of the Income Tax Act, 1961 [in short, 1961 Act ], with regard to the bogus purchases allegedly made by it from two suppliers i.e., Jatalia Global Ventures Ltd. [in short, JGVL ] and RCI Industries Technologies Ltd. [in short, RCI ]. 4.1 The value of the bogus purchases qua each of these suppliers was placed at Rs. 21,00,24,258/-. The cumulative value of the transactions with these two entities was, thus, pegged at Rs. 49,40,45,269/-. 4.2 It appears that as per the said notice, the petitioner was required to file its response on or before 13.03.2023. 5. The record shows that on 13.03.2023, based on the request of the petitioner, an extension was granted, and accordingly, the petitioner w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt, CGST Act ], read with the corresponding provisions of the State Goods and Services Tax Act, 2017 [in short, SGST Act ] as also the Integrated Goods and Services Tax Act, 2017 [in short, IGST Act ]. 9.1 It is Mr Babbar s contention that the adjudication concerning these show-cause notices is pending and therefore, the fact that the proceedings were triggered under the allied statutes, simpliciter, could not be taken as information, without due application of mind for triggering reassessment proceedings under the 1961 Act. 10. Besides this, Mr Babbar also submits that insofar as the allegations made against the petitioner with regard to the fictitious purchases made from RPPL was concerned, the AO gave the petitioner barely two ( ..... X X X X Extracts X X X X X X X X Extracts X X X X
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