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2023 (5) TMI 165 - RAJASTHAN HIGH COURTReopening of assessment - power u/s 148A invoked - Assessee raised fake invoices in executing circular transactions - petitioner argued that reopening of the assessment in respect of assessment year 2018- 2019 is illegal, without jurisdiction and void ab initio - HELD THAT:- The authority recorded that as the petitioner-assessee has not produced any satisfactory documentary evidence in support of executing the sub-contracts made between the petitioner M/s. Chetak Enterprises Limited and M/s. APCO Infratech Private Limited, the assessee having also failed to produce bills and vouchers with regard to transactions with M/s. APCO Infotech Private Limited, a case of reopening of assessment is made out. We, thus, find that the material information collected by the respondent was made a basis to arrive at the reason to believe that the petitioner is engaged in raising fake invoices in executing circular transactions with M/s. APCO Infratech Private Limited. On such detailed consideration that income chargeable to tax to the tune of Rs.75 crores has escaped assessment for the assessment year 2018-2019, within the meaning of Section 147 of the Act, the authority considered the present case to be a fit case for issuance of notice under Section 148 of the Act for the assessment year 2018-2019. In the present case, the petitioner was given due opportunity of hearing by giving notice under Section 148A(b) of the Act, to which he gave a detailed reply and thereafter detailed order under Section 148A(d) has been passed. Recently, a Division Bench of this Court in the case of Laxmi Meena vs. Union of India & Ors. [2023 (2) TMI 1134 - RAJASTHAN HIGH COURT] held that in the matter of challenge to order passed u/s 148A followed by issuing notice u/s148 of the Act, the petitioner had not alleged any procedural impropriety, irregularity or violation of statutory provisions in the matter of initiation of proceedings or passing of any order under Section 148A(d) - Division Bench taking into consideration the settled legal position, dismissed the petition giving liberty to the writ petitioner to avail the remedy in the proceedings subsequent to notice under Section 148 of the Act. Thus no case is made out for interference at this stage. The writ petition is, therefore, dismissed, however, reserving liberty to the petitioner to raise all the objections at the subsequent stages after issuance of notice under Section 148 of the Act and re-assessment proceedings.
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