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2023 (1) TMI 483 - HC - Income TaxReopening of assessment u/s 147 - Reassessment based on the report of the Investigation Wing - HELD THAT:- The impugned order u/s 148A(d) was passed based on the report, without examining the underlying material which was available with the Investigation Wing. As a matter of fact, the petitioner claims that reassessment proceedings on the same facts were triggered for AY 2011-2012 and AY 2012-2013, which were dropped, once the petitioner pointed out this aspect to the concerned assessing officer. This facet of the matter is also noticed inimpugned order, passed under Section 148A(d) of the Act, although the petitioner was unable to obtain relief as was given to him in AY 2011-2012 and AY 2012-2013. Given these circumstances, we have no hesitation in setting aside the impugned order dated 26.07.2022 passed under Section 148A(d) and notice of even datei.e., 26.07.2022 passed under Section 148 of the Act. Liberty is, however, given to the respondents/revenue to take the next steps in the matter, albeit as per law.
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