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2023 (2) TMI 756 - HC - Income TaxReopening of assessment u/s 147 - information in case of the petitioner was flagged on ‘Insight Portal’ in accordance with the Risk Management Strategy formulated by the CBDT - non disposal of objections - HELD THAT:- It is a clear violation of the requirement of principles of natural justice and also the statutory requirement under the law. The information which is furnished to the petitioner a name of a person if it can be mentioned in the order disposing of the objection categorically, there is no reason as to why the same would not have been supplied to the petitioner – assessee if the said action was the result of the recorded statement and thereafter issued notice on finding a nexus between these two, the least which could be done at the end of the furnished requisite details for necessary to meet with the allegation and presents its case appropriately. In absence of basic details of the name of the persons with whom the petitioner is said to have made unexplained transaction, how is it expected to reply to the same by cropping in dark. Resultantly, we appreciate the fairness of learned advocate not stretching the case beyond the point, and also endorsing clearly that a name of the person with whom the alleged dealing was of issuance of notice had not been disclosed any information supplied to the petitioner. Resultantly, the petition is allowed by quashing and setting aside the order passed u/s 148A(d), notice issued u/s 148A(b) as well as consequential notice issued u/s 148 by respondent No.1 and consequential proceedings pursuant thereto. Let the process be undertaken stage-by-stage from where the stage was left.
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