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2022 (3) TMI 1414 - BOMBAY HIGH COURTReopening of assessment u/s 147 - transactions entered into between the said entity Raimaladitya Textile Pvt. Ltd. and petitioner are bogus accommodation entries in nature - HELD THAT:- What is strange is petitioner itself is Raimaladitya Textile Pvt. Ltd., the assessee. It is incomprehensible that petitioner would provide bogus accommodation entries to itself by loan having been given to itself which amount therefore has escaped assessment. Learned ASG submitted that there was a mistake. If that was a mistake that could certainly not be the reason to believe that petitioner’s income has escaped assessment. We further note that approval under Section 151 of the Act also has been given on the same reasons, which would also indicate total non application of mind by not only the JAO but also by the Revenue Head who had recommended the case to the Principal CIT and also Principal CIT himself. One thing is evident that the approval is granted in a mechanical way without applying their mind. Petition is allowed in terms of prayer clause – (a) and (b) which reads as under : This Hon’ble Court may be pleased to issue under Article 226 of the Constitution of India an appropriate direction, order or a writ, calling for the records of the case and after satisfying itself as to the legality thereof quash and set aside the notice issued by the Respondent No.1 under section 148 of the Income Tax Act, 1961, being Ex.- ‘J’ hereto; This Hon’ble Court may be pleased to issue under Article 226 of the Constitution of India an appropriate direction, order or a writ, calling for the records of the case and after satisfying itself as to the legality thereof quash and set aside the order passed by the Respondent No.1 disposing off the objections raised by the Petitioner against the reopening of assessment under section 147 being Ex.- ‘P’ hereto
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