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2023 (8) TMI 767 - DELHI HIGH COURTValidity of reopening of assessment u/s 147 - reasons to believe - non furnishing of information to petitioner which prompted reassessment proceedings - HELD THAT:- A perusal of record, as presently made available to us, does seem to indicate that no material or information has been furnished to the petitioner, in support of the allegations levelled against him. The impugned order only adverts to the fact, that in a search action against Jignesh S Shah and another person i.e., Sanjay Shah, certain information emerged, which seemed to suggest that they were in the business of providing accommodation entries. It is also suggested, that Directors of those companies had filed affidavits, in which the name of the petitioner appeared as one of the beneficiaries of the accommodation entries. It is in this backdrop, that the reassessment proceedings appear to have been triggered against the petitioner. It appears, that the Assessing Officer (AO) has failed to do even the minimum, which is to furnish a copy of the affidavit filed by those Directors. Respondent on the other hand, submits that it is quite possible, that the information is in the custody of the AO, which the AO, for whatever reason, has failed to furnish. Given this position, we are inclined to set aside the impugned notices and the order. It is ordered accordingly.
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