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2023 (8) TMI 968 - MADHYA PRADESH HIGH COURTValidity of reopening of assessment - denial of reasonable opportunity of being heard due to non-supply of documentary evidence/material in support of the notice u/s. 148A(b) - HELD THAT:- As this issue is already been adjudicated and decided by this Court in a recent decision in M/s Amrit Homes Private Ltd. [2023 (8) TMI 683 - MADHYA PRADESH HIGH COURT] as held object behind insertion of Section 148A by the Legislature w.e.f. 01.04.2021 inter alia is to prevent rampant and casual issuance of notice u/s. 148 by the Revenue;to save unnecessary harassment to the assessee of being subjected to re-opening a case under Section 148 and to save the Revenue of the time and energy which may be vested pursuing frivolous and fruitless proceedings u/s 148. No live and proximate link between information received by Assessing Officer and formation of belief that income chargeable to tax has escaped assessment - As seen from the notice issued u/s. 148A(b) (Annexure P/2) dated 03.03.2023 that the same is accompanied by Annexure containing details of facts, figures and reasons, which are said to be the foundation of the AO forming opinion that income chargeable to tax escaped assessment qua the assessment year 2019-20. On the aforesaid detail of information furnished to the petitioner along with the said notice u/s. 148A(b), it appears that the same is sufficient and adequate to afford reasonable opportunity to petitioner to prepare and submit an effective response. Thus, it does not appear that the notice u/s. 148A(b) is wanting in material in particular.
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