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TMI Blog2024 (9) TMI 1196X X X X Extracts X X X X X X X X Extracts X X X X ..... orted on portal were pertaining to both the partnership firms and the sale deeds were signed by the petitioner in the capacity of the Power of Attorney Holder and therefore, there is no question of any income being earned by the petitioner through such transactions which were reflected in the books of accounts of the Partnership Firm. As undisputed facts, the petitioner could not have been subjected to any proceedings for reassessment by issuing notice u/s 148 of the Act. Petition succeeds and is accordingly allowed. - HONOURABLE MR. JUSTICE BHARGAV D. KARIA AND HONOURABLE MR. JUSTICE NIRAL R. MEHTA Appearance: For the Petitioner(s) No. 1: Darshan R Patel (8486). For the Respondent(s) No. 1: Mrs Kalpana K Raval (1046). For the Respondent( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rk including execution of sale deed on behalf of the partnership firm. The petitioner accordingly, as per the power given by Power of Attorney, remained present and executed sale deed on behalf of the partnership firm. 8. It is the case of the petitioner that as per the terms of the Power of Attorney, the petitioner was not given any right in respect of the property. The Power of Attorney in favour of the petitioner was executed by M/s. S.K. Enterprise on 11.05.2017 and by M/s. Anushri Enterprise on 12.05.2017. 9. The petitioner received a notice under section 148A dated 30.01.2024 from the respondent to provide information of several transactions reflected on the portal, reported by the Sub-Registrar, Ahmedabad-4, as the name of the petiti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .K. Enterprise and M/s. Anushri Enterprise, however, rejected the objection of the petitioner mechanically without application of mind by the impugned order. 15. It was submitted that there is no escapement of income in the hands of the petitioner as the petitioner is not beneficiary of the transactions as he had signed the documents as Power of Attorney of the respective partnership firms. 16. It was submitted that information which was flagged is based on the data provided by the Sub-Registrar on the basis of the sale deeds. Learned advocate for the petitioner invited attention of the Court to the copy of the sale deed placed on record as well as the Power of Attorney in favour of the petitioner to submit that the petitioner has only sign ..... X X X X Extracts X X X X X X X X Extracts X X X X
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