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2023 (10) TMI 90 - HC - Income TaxValidity of Reopening of assessment - providing information to the Petitioner, without furnishing the material based upon which the information is provided - HELD THAT:- Providing information to the Petitioner, without furnishing the material based upon which the information is provided, would render an assessee handicapped in submitting an effective reply to the show cause notice, thereby rendering the purpose and spirit of section 148A(b) of the Act totally illusive and ephemeral. The fact that the material also was required to be supplied can very well be gauged from the clear directions issued by the Supreme Court in the case of Ashish Agarwal [2022 (5) TMI 240 - SUPREME COURT]. In the case at hand, the issue is not the correctness of the information based on Assessee’s defense can be determined in the assessment proceedings under Section 148 of the Act; rather, in the instant case, supporting documents have not been provided to the Assessee i.e., without providing the details uploaded on the Insight portal along with the information gathered from the investigation wing and new information uploaded on insight portal has not been provided - reopening notice set aside. - AO directed to supply the RUD tot he assessee - Decided in favour of assessee.
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