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2022 (11) TMI 1412 - HC - Income TaxValidity of reopening of assessment - determine the date of issuance of the notice issued u/s 148 -Assessment order relies upon a Suspicious Transaction Report (‘STR’) regarding a credit - HELD THAT:- There is no dispute that the assessment order dated 26th March, 2022, was passed in contravention of the interim order dated 24th March, 2022. Further, the said order has been passed without providing any opportunity to the petitioner to respond to the alleged information against it, in accordance with the judgment of GKN Driveshafts (2002 (11) TMI 7 - SUPREME COURT] - Therefore, the said assessment order is null and void and is hereby set aside. AO is directed to provide a copy of the STR relied upon in its order within two (02) weeks. The Assessee shall furnish its reply and explanation to the transactions reported in the STR within a period of two (02) weeks thereafter. The AO shall also adjudicate on the plea of the Assessee that the tracking report available on the official website of the postal department records the date of issuance as 02nd April, 2022, while determining the date of issuance of notice. The AO shall after determining the date of issuance of notice proceed with the matter in accordance with the directions issued by this Court and in accordance with law.
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