9911796707
TMI Blog2025 (2) TMI 307X X X X Extracts X X X X X X X X Extracts X X X X ..... f notice u/s 148 was on 31.3.2022. Petitioner had already filed the detailed reply on 22nd March, 2022 could also have been considered by the respondent while passing the impugned order holding that it is a fit case to reopen the assessment without considering the reply filed by the petitioner containing more than 500 pages. The impugned order passed u/s 148A (d) of the Act dated 30th March, 2022 and the notice issued u/s 148 of the Act dated 31st March, 2022 are hereby quashed and set aside. The matter is remanded back to the AO to furnish the information in his possession which is the basis for issuance of the notice under Section 148A (b) of the Act so as to enable the petitioner to file further reply if required, in addition to the r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,15,830/- for the Assessment Year 2018-19. The return of the income was scrutinized and the assessment order under Section 143 (3) of the Act was passed at the return income on 17.03.2021. 4.2 Thereafter, the petitioner received the show cause notice under Section 148A (b) of the Act issued on 08.03.2022 along with the details of information that income chargeable to tax has escaped assessment for the Assessment Year 2018-19 requiring the petitioner to file reply before 15th March, 2022. 4.3 The petitioner made an application for adjournment on 15th March, 2022 indicating that the detailed reply is under preparation and sought time for 15 days to file the reply on merits. The petitioner also sought certain materials/documents to file the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s submitted that it was incumbent upon the respondent-Assessing Officer to provide the details and the information in his possession along with the notice issued under Section 148A (b) of the Act so as to enable the petitioner to file effective reply and non-furnishing of such information in possession of the Assessing Officer would result into the breach of principles of natural justice by not providing an opportunity to the petitioner for filing the reply in relation to the information which is the basis for reopening the assessment. 5.3 In support of his submissions, the reliance is placed on the decision of this Court in case of Yuva Trading Co. (P) Ltd. Vs. Income Tax Officer reported in [2023] 150 taxmann.com 187 (Gujarat) as well as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted 15.03.2022 sought an adjournment of 15 days in the case without any sufficient cause. It is further submitted that this action on the part of the petitioner is nothing but a ploy to delay the proceedings. Instead, by seeking adjournment, was in a way trying to delay the on going proceedings. For want of any response or clarification in this regard from the petitioner's end even after a considerable time from the date of issue of notice u/s 148A (b) of the Act, the respondent relied on the information which stated that the petitioner is a beneficiary of such transaction and that he had not fully and truly disclosed all material facts in his return of income for year under consideration. Hence, such amount (Rs 60,68,33,883/-), the gen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thin the stipulated time i.e. on or before 15th March, 2022. On perusal of the provision of under Section 148A (b) of the Act as it existed at the relevant point of time, the respondent -Assessing Officer is required to grant time to the petitioner to file the reply if the petitioner prays for the adjournment. Section 148A (b) reads as under:- Section 148A (b) in The Income Tax Act, 1961 (b) provide an opportunity of being heard to the assessee, [***] by serving upon him a notice to show cause within such time, as may be specified in the notice, being not less than seven days and but not exceeding thirty days from the date on which such notice is issued, or such time, as may be extended by him on the basis of an application in this beh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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