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2022 (11) TMI 1357 - HC - Income TaxReopening notice u/s 148A(b) - validity of order passed u/s 148A(d) and u/s 148 - petitioner states that there is no information on record which suggests that the income chargeable to tax has escaped assessment - allegation that income has escaped assessment is factually incorrect as petitioner has had no transaction with the said party and it is impossible for the petitioner to prove the negative. He also emphasises that the petitioner had not been furnished any documents/material along with the notice issued u/s 148A(b) HELD THAT:- As on instructions, admits that the relevant documents/material has not been furnished to the petitioner along with the notice issued under Section 148A(b) - On instructions, states that the respondents have no objection if the present matter is remanded back for a fresh decision by the AO. Keeping in view the aforesaid, the impugned order passed u/s 148A(d) of the Act and the notice issued under Section 148 of the Act both dated 26th July, 2022 are set aside and the AO is directed to furnish the documents/material to the petitioner in support of the notice issued u/s 148A(b) within two weeks. Petitioner shall be at liberty to file a response thereto within four weeks thereafter. AO is also directed to pass a fresh order u/s 148A(d) of the Act within six weeks thereafter.
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