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2022 (12) TMI 1424 - HC - Income TaxReopening of assessment u/s 147 - validity of Order passed u/s 148A(d) and notice u/s 148 - period of limitation - petitioner as pleaded that proceedings were time barred as the window available to the respondent/revenue for issuance of fresh notices under the new regime was available only between 01.04.2021 and 30.06.2021 - Addition u/s 68 - HELD THAT:- Revenue, cannot but accept that insofar as the first aspect is concerned i.e., limitation, the same is covered by the judgment rendered by the coordinate bench in Suman Jeet Agarwal [2022 (9) TMI 1384 - DELHI HIGH COURT] For second aspect revenue says that there is no specific assertion in the counter-affidavit. Therefore, quite clearly, the department has not taken a stand either way, on the assertion made that the said amount has been taxed in the hands of the creditor. Thus, for the foregoing reasons we are inclined to set aside the impugned order passed under Section 148A(d) and notice issued u/s 148 of the Act.
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