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TMI Blog2023 (9) TMI 692X X X X Extracts X X X X X X X X Extracts X X X X ..... al hearing which was also not granted to the petitioner. Therefore the impugned order has to be set aside and the case has to be remitted back to the respondents to pass a fresh order on merits after hearing the petitioner. This exercise shall be carried out by the respondents within a period of eight (8) weeks from the date of receipt of a copy of this order. Since, the assessment was re-opened prior to the amendment to Section 148 of the Income Tax Act, 1961, with effect from 01.04.2021, therefore, the respondents shall pass a speaking order within a period of eight weeks from the date of receipt of a copy of this order. X X X X Extracts X X X X X X X X Extracts X X X X ..... hands of the petitioner's brother Vijay Kumar Gupta, vide separate assessment order dated 30.12.2019. Both the petitioner and the petitioner's brother are in appeal before the Appellate Commissioner. 6. Meanwhile, the impugned notice under Section 148 of the Act, 1961 was issued to the petitioner on 31.03.2021 in response to which the petitioner has also filed a return under Section 148 of the Act on 30.04.2021. 7. The petitioner also asked for reasons for re-opening the assessments. By communication dated 20.03.2022, the respondents have given the following reasons for re-opening the assessment: "During the scrutiny proceedings, the assessee has stated that an amount of Rs. 55,10,000 deposited in ICICI Bank does not belong ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessment order dated 30.12.2019, being passed for the assessment year 2017-18 and hence, powers under Section 148 r/w Section 147 was invoked by issuance of the impugned notice dated 31.03.2021. 10. It is submitted that the petitioner is the proprietor of "Lalitha Thangamaligai" and the account ending with account number 1259 that was that of the petitioner and the petitioner has failed to give proper information at the time of assessment and therefore the Department was constrained to re-open the assessment by issuing notice dated 31.03.2021 under Section 148 of the Act, 1961. Hence, the learned Senior Standing Counsel for the respondents submits that the Writ Petition deserves to be dismissed and prayed for dismissal of the Writ Petit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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