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TMI Blog2023 (4) TMI 1383X X X X Extracts X X X X X X X X Extracts X X X X ..... Agarwal, senior standing counsel, accepts notice on behalf of the respondents/revenue. 3. In view of the directions that we propose to pass, Mr Agarwal says that a counter-affidavit is not required to be filed and he will argue based on the record presently available with the court. Therefore, with the consent of the counsels for the parties, the writ petition is taken up for final hearing and disposal, at this stage itself. 4. This writ petition is directed against the notice dated 17.03.2023 issued under Section 148A(b) of the Income Tax Act, 1961 [in short, "the Act"]. 4.1 Besides this, challenge is also laid to the order dated 31.03.2023 passed under Section 148A(d) and the consequential notice of even date i.e., 31.03.2023 issued u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at a fresh notice under Section 148A(b) of the Act was issued by the AO on 25.03.2023, wherein the petitioner was accorded time to file a reply to the notice on or before 27.03.2023. 9.1 Apart from this, the AO extended the time to file a reply vis-a-vis the notice dated 17.03.2023. The AO indicated that reply could be filed "before or on 27.03.2023 by 11 AM". 9.2 The AO in this notice also adverted to the fact that limitation qua the petitioner was expiring on 31.03.2023. 10. Concededly, the petitioner was not able to file the reply within the time allocated by the AO. It appears that the time given was short, and the reasons given by the petitioner on 24.03.2023 as to why he wanted extension of time continued to obtain. 10.1 Inter ali ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in cash to the owner of the property (assessee) i.e. Sh. Ashok Kumar Madan. Therefore, the cash receipt amounting to Rs. 1,00,00,000/- is undisclosed income of the assessee. S No Information code Issue description Amount (Rs.) 1. 2015-16 TDS Statement-Salary to employees (section 192) 5,84,959/- 2. 2015-16 TDS Statement-Purchase of Equity share Recognised stock exchange. 10,93,270/- 3. 2015-16 TDS Statement-Sale of Equity share Recognised stock exchange 3,50,849/- 4. 2015-16 TDS Statement-sales consideration on sale of immovable property (Section-194IA) 1,15,00,000/- 5. 2015-16 TDS Statement-Interest other than securities (Section-194A) 50,123/- Particulars of the Property Sold (Section 194IA): Address ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... A(d) of the Act, which has been extracted hereinabove, the AO has not mentioned the date of the email. 14.2 As indicated hereinabove, the AO had noted in paragraph 2.2 of the order passed under Section 148A(d) of the Act that the email is indicative of the fact that the petitioner has received "at least" Rs. 1 crore. 15. We are unable to appreciate what has been noted in paragraph 2.2 concerning the amount said to have been received by the petitioner. The email would have either indicated an amount or none at all; the use of the expression "at least" is not understood by us. 16. Therefore, according to us, the best way forward would be to set aside the impugned notices and order. 17. Mr Agarwal's understanding of the relevant provisions ..... X X X X Extracts X X X X X X X X Extracts X X X X
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