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2024 (4) TMI 938 - HC - Income TaxValidity of Reopening of assessment u/s 147 - reason to believe - Reply of the assessee through reproduced but the contents thereof are not even referred or analyzed prima facie - whether it is a fit case to issue notice u/s 148 of the Act or not - HELD THAT:- AO has reproduced the reply filed by the assessee and the contents thereof are not even referred or analyzed prima facie to come to the conclusion that it is a fit case to reopen the assessment. Petitioner along with the reply has reproduced the following documentary evidence of purchase, delivery and payment to show the genuineness of the transactions entered into with M/s. S. K. Enterprises. This Court, by order [2024 (4) TMI 891 - GUJARAT HIGH COURT] has directed the Respondent to place on record the original papers containing the documents which are supplied by the petitioner in reply to the notice u/s 148A(d) of the Act. Respondent as stated that the documents have been placed on record by the petitioner, as referred hereinabove. Thus we are of the opinion that the impugned order and the notice are required to be quashed and set aside remanding the matter back to the Assessing Officer to pass a fresh order under Section 148A(d) of the Act within a period of four weeks from the date of receipt of the copy.
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