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2024 (1) TMI 368 - RAJASTHAN HIGH COURTReopening of assessment u/s 147 - reasons to believe - notice u/s 148A(b) - whether information disclosed vide notice under Section 148A(b) of the IT Act is not covered by the information specified in Explanation 1(i) of Section 148 of the IT Act? - HELD THAT:- The “information”, on the basis of which, the Assessing Officer can proceed under Section 148A of the IT Act is explained in Explanation 1 and 2 of Section 148 of the IT Act. We are of the view that Section 148A(b) mandates only to supply information to the assessee and not the material, on the basis of which, the Assessing Officer has formed prima facie opinion that any chargeable income to tax has escaped assessment. It is settled that the words used in the provisions of taxing statute are required to be given their plain meaning and nothing can be implied from or read in it. In our opinion the plain reading of Section 148A clearly suggests that the Assessing Officer is required to supply information before issuing notice under Section 148A in the prescribed manner and not the other material on the basis of which it has formed prima facie opinion that income of the assessee chargeable to tax has escaped assessment. In the present case, the Jurisdictional Authority along with notice dated 13.3.2023 under Section 148A(b) of the IT Act has supplied information available with it with the documents such as insight portal, wherein information/description has been given. In the notice dated 13.3.2023 under Section 148A(b) and the order dated 28.3.2023 under Section 148A(d) of the IT Act issued by the Assessing Officer, it is clearly mentioned that in the insight portal, the case of the petitioner is flagged on “High Risk CRIU/RU PAN Case for the relevant assessment year. We are of the view that the case of the petitioner is covered by information specified in Explanation 1(i) of Section 148 of the IT Act. It is not the case of the petitioner that information disclosed vide notice under Section 148A(b) of the IT Act is not covered by the information specified in Explanation 1(i) of Section 148 of the IT Act. So far as the judgment of this Court rendered in Micro Marbles Private Limited [2023 (1) TMI 282 - RAJASTHAN HIGH COURT] on which, the petitioner has placed reliance is not applicable to the present case as the same was passed while taking into consideration the unamended provisions of Sections 147 148 of the IT Act and there is no discussion about the provisions of Section 148A of the IT Act inserted vide Finance Act w.e.f. 1.4.2021. We respectfully disagree with the judgment of Charu Chains and Jewels Pvt. Ltd. [2023 (1) TMI 486 - DELHI HIGH COURT] in view of the above discussion regarding provisions of Section 148A of the IT Act. WP dismissed.
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