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2024 (3) TMI 315 - BOMBAY HIGH COURTReopening of assessment - as alleged Petitioner was a beneficiary of accommodation entries - Notices under Section 148A(b) were issued, alleging escaped income, followed by a subsequent notice clarifying errors - Petitioner's response, supported by evidence, was rejected for failure to submit documents not initially requested - HELD THAT:- Petitioner is correct in stating that these details were never asked for in the notice issued u/s 148A(b) of the Act or later. Petitioner is also correct in submitting that for the first time in this order there is even an allegation that investigation by Central Goods and Service Tax Department revealed that KMPL was indulging in non-genuine transactions and was merely passing accommodation entries. Therefore, the business that Petitioner had with KMPL was only on paper. There is an observation that Assessee has shown sales to KMPL in its books of account which is non-genuine. There is nothing to indicate how the AO has come to such a conclusion notwithstanding accepting the fact that Petitioner had submitted copy of financial statement, ledger details, ledger account details of GST sales in respect of tax invoices of all parties and copy of bank statement of HDFC Bank through which KMPL had made payment. Petitioner also pointed out that the AO in his order impugned has stated Petitioner failed to submit E-way bills whereas in the letter dated 20th March 2023 at Annexure A is a copy of the tax invoices and E-way bills. Mr. Deshpande also submits that perhaps the toll booth receipts may not be available because that would be paid by the transporter, but nevertheless an attempt will be made to submit the same. Therefore, we have no hesitation in quashing and setting aside the impugned order passed u/s 148A(d) of the Act and remand the matter for de novo consideration. Mr. Deshpande states that the documents alleged to have not been submitted in the impugned order shall be filed within two weeks from today.
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