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2023 (6) TMI 671 - DELHI HIGH COURTValidity of reopening of assessment u/s 147 - independent application of mind by AO - AO has failed to appreciate the reply submitted by the petitioner, in response to the notice issued u/s 148A(b) - HELD THAT:- What the AO was required to apply his mind was whether the taxable income, if any, earned, had been brought to tax in the hand of one or the other legal entities i.e., the firm or the proprietorship concern; There was enough and more material placed before the AO to Establish this fact. Therefore, in our view, the AO should revisit the issue, and in this regard, also offer a personal hearing to the petitioner and/or his authorised representative. Accordingly, the impugned order passed u/s 148A(d) of the Act is set aside. AO will be at liberty to pass a fresh order albeit, after affording opportunity of hearing to the petitioner and/or his authorised representative, as indicated above.
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