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TMI Blog2023 (10) TMI 781X X X X Extracts X X X X X X X X Extracts X X X X ..... tand taken by respondents/revenue, that under the new regime the AO could in effect reopen the assessment proceedings by traversing the same path and enquire into the same issues which were subject matter of the earlier assessment proceeding, is not tenable in law. New regime has not veered away from the well-established principle that the re-assessment proceedings cannot be triggered qua aspects vis-a-vis which the AO has already formed an opinion. Thus, for the foregoing reasons, we are inclined to allow the writ petition. Accordingly, the notice issued u/s 148A(b), the impugned order passed under Section 148A(d) and the consequent notice of even date issued under Section 148 of the Act are set aside. Decided in favour of assessee. - HO ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y narrow compass. 7. The petitioner/assessee claims that there has been a change of opinion inasmuch as the allegations based on which the reassessment proceedings having been commenced were the subject matters of the assessment order dated 31.03.2022, passed under Section 147 read with Sections 144 and 144B of the Act. 7.1 It has, therefore, become relevant for us to note as to what exactly were the allegations made qua the petitioner/assessee before the order dated 31.03.2022 was passed. 7.2 The clue with regard to the same is provided in the notice dated 16.12.2021, issued under Section 142(1) of the Act. 7.3 For convenience, the relevant part of the Annexure appended to the said notice is extracted hereafter: 1. Detailed note on nature ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Act wherein, he made the following observations: The income declared in the ITR of the assessee is accepted as assessed income. Assessment is completed under Section 144/147 read with Section 144B of the Income-tax Act, 1961. Credit is given for prepaid taxes. Demand notice and copy of order are being issued to the assessee. 10. It is thereafter that the respondents/revenue sought to take advantage of the new regime which had kicked in by virtue of the Finance Act, 2021, by issuing a notice dated 02.06.2022, under Section 148A(b) of the Act. 10.1 A perusal of this notice would show that the AO referred to the notice dated 31.03.2021, issued under Section 148 of the Act under the old regime. 10.2 It appears that the trigger for issuing th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on has been uploaded on insight portal. On going through the said information in the case the assessee has taken/received accommodation entry from Kanhaiya Impex Pvt Ltd (accommodation entry provider) operated by Himanshu Verma amounting to Rs. 27000000/- in considering FY as below:- SN Source PAN Source PAN Name Information FY Information Type Information Value Information Date Remarks 1 AAOCS5245C Kanhaiya Impex Pvt. Ltd. 2013-14 Others 5000000 09-10-2013 Accommodation Entry 2 AAOCS5245C Kanhaiya Impex Pvt. Ltd. 2013-14 Others 2500000 09-10-2013 Accommodation Entry 3 AAOCS5245C Kanhaiya Impex Pvt. Ltd. 2013-14 Others 2500000 10-10-2013 Accommodation Entry 4 AAOCS5245C Kanhaiya Impex Pvt. Ltd. 2013-14 Others 2000000 14-10-2013 Accommodatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rits of the case by National Faceless Assessment Centre on 31/03/2022. The reply of the assessee is considered but not found tenable, it is found in the dissemination note provided that Shri Himanshu Verma is in the business of providing accommodation entries. During the FY assessee has received accommodation entries of Rs. 2,70,00000/- from Kanhaiya Impex Pvt Ltd operated by Shri Himanshu Verma. Assessment u/s 147 has already been made on returned income of assessee dated 29/03/2022 on the basis of earlier notice issued under sect ion 148 of the income Tax Act, 1961. As the notice in this case was served to the assessee after the 31.03.2021. As per judgment dated 04.05.2022 of the Hon'ble Supreme Court in the case of Union of India Ors ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... same set of allegations were made against the petitioner/assessee, which were the subject matters of the assessment order dated 31.03.2022. 15. Therefore, in our view, as submitted by Mr Ruchesh Sinha, who appears on behalf of the petitioner/assessee, there has been a change of opinion. 16. The stand taken by Mr Shubhendu Bhattacharya, learned standing counsel, who appears on behalf of the respondents/revenue, that under the new regime the AO could in effect reopen the assessment proceedings by traversing the same path and enquire into the same issues which were subject matter of the earlier assessment proceeding, is not tenable in law. 16.1 In that regard, the new regime has not veered away from the well-established principle that the re-a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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