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2023 (1) TMI 486 - HC - Income TaxReopening of assessment u/s 147 - Period of limitation to issue notice issued under Section 148A(b) - HELD THAT:- A careful perusal of the reply would show that it was a “partial” reply, and that taking into account the assertions raised therein, the AO via communication dated 16.06.2022 granted further time to the petitioner to submit a final response. Therefore, it is Mr Kumar’s submission, that the period of one month would commence only from 30.06.2022, being end of the month i.e., the date on which the extended time to furnish the reply expired. Thus, accordingly, if this position is taken to be correct, the AO could pass an order u/s 148A(d) of the Act, on or before 31.07.2022. As observed above, we are in agreement with Mr Kumar on this aspect of the matter. To reiterate, since the reply of the petitioner was partial, and the petitioner itself had indicated that even if no material is supplied, it will file a further response to the notice issued under Section 148A(b) of the Act, the one-month timeframe would kick in only from 30.06.2022. Non-supply of the material - Insofar as this aspect is concerned, Mr Kumar, cannot but accept that in terms of the judgment of the Supreme Court rendered in Union of India v. Ashish Aggarwal [2022 (5) TMI 240 - SUPREME COURT] underlying information/material which formed the basis for triggering the assessment/reassessment proceedings was required to be furnished to the petitioner. That being the position, according to us, the best way forward is to set aside the impugned order passed under Section 148A(d) of the Act and the consequential notice of even date i.e., 25.07.2022 issued under Section 148 of the Act. The matter is remitted to the AO.AO will furnish the underlying material concerning the petitioner, within three weeks of receipt of a copy of the judgement.
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