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2023 (1) TMI 722 - DELHI HIGH COURTReopening of assessment u/s 147 - re-assessment were initiated pursuant to a Tax Evasion Petition (TEP) uploaded by one of the Income Tax officials on the portal of the Assessing Officer - As argued all material as available with the Assessing Officer as ‘Information’ was not provided to the petitioner - respondent, has handed over several documents including the ledger accounts, which were available with the AO as Information for initiating the re-assessment proceedings, Concededly, the said documents were not provided to the petitioner and the petitioner had no occasion to respond to the same. HELD THAT:- This Court is of the view that it would be apposite to set aside the impugned notice and the impugned order and to direct the AO to reconsider the matter after affording the petitioner to respond to the material relied upon by the Assessing Officer. This Court directs as under: (i) The Assessing Officer shall provide all documents considered by him as Information for initiating the re-assessment proceedings to the petitioner within a period of two weeks from today. (ii) The petitioner is given an opportunity to respond to the same within a period of one week thereafter. (iii) The Assessing Officer shall pass such order as it considers fit on receipt of the response of the petitioner, within a period of four weeks thereafter. This Court has not expressed any opinion as to the merits of the petitioner’s contention that income chargeable to tax had not escaped assessment and nothing stated in this order should be construed as such.
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