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2023 (5) TMI 1115 - HC - Income TaxReopening of assessment - validity of order passed u/s 148A(d) - reopening on new set of facts - giving less than three days time to the assessee to respond - as alleged show cause notice u/s 148A(b) issued and subsequently corrigendum was issued with a different allegation alleging that the assessee had entered into bogus transactions with a different person than the person who was named in show cause notice - HELD THAT:- The chain of events have been set out to show that there has been violation of principle of natural justice at different stages of the matter. The reopening of an assessment is a very serious matter and if such power is resorted to the assessee is entitled to an adequate opportunity to put forth their submissions. In the order passed u/s 148A(d) names of 12 companies have been mentioned which was never the allegation when the show cause notice under Section 148A(d) of the Act was issued and, therefore, as submitted that the assessing officer proceeded on entirely a new set of facts which were never put to the assessee. We are of the view that the reassessment proceedings has to be redone and even if the assessment order has been passed, the same is required to be set aside and the matter is to be restored to the assessing officer for a fresh consideration. Assessee appeal is allowed.
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