TMI Blog2022 (5) TMI 956X X X X Extracts X X X X X X X X Extracts X X X X ..... n accordance with law. - W.P.(C) 7115/2022 & CM APPLs.21850-21851/2022 - - - Dated:- 17-5-2022 - HON'BLE MR. JUSTICE MANMOHAN AND HON'BLE MR. JUSTICE MANOJ KUMAR OHRI Petitioner Through: Mr. Amol Sinha, Mr. Nitin Gulati, Mr. Sushant Sarkar, Mr. Ashvini Kumar, Mr. Rajiv Shankar Dvivedi and Mr. Rishabh Jain, Advocates. Respondent Through: Mr. Sunil Agarwal with Mr. Tushar Gupta and Mr. Utkarsh Tiwari, Advocates. J U D G M E N T MANMOHAN, J (Oral): 1. Present writ petition has been filed challenging the order dated 9 th April, 2022 passed by the Respondent under Section 148A(d) of the Income Tax Act, 1961 (for short Act ) for the Assessment Year 2018-19 and all consequential proceedings in pursuance theret ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sh payments with Sangini Corporation and M/s Nandkishore Corporation. The assessee's name i.e Sh. Pradeep Kumar Varshney is also in the list of persons who have made on money to M/s Nand Kishore Corporation. The assessee had paid on money of Rs. 75,34,000/- in cash for purchasing a shop in Sangini Textile Hub-A from Nandkishore Corporation during the A.Y. 2018-19 (F.Y. 2017-18). 3. As per explanation 1 to Section 148 which states as under: Explanation 1-For the purposes of this section and section 148A, the information with the Assessing Officer which suggests that the income chargeable to tax has escaped assessment means: (i) Any information flagged in the case of the assessee for the relevant assessment year with th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uct any enquiry, if required, with the prior approval of specified authority, with respect to the information which suggests that the income chargeable to tax has escaped assessment; (b) provide an opportunity of being heard to the assessee, with the prior approval of specified authority, by serving upon him a notice to show cause within such time, as may be specified in the notice, being not less than seven days and but not exceeding thirty days from the date on which such notice is issued, or such time, as may be extended by him on the basis of an application in this behalf, as to why a notice under section 148 should not be issued on the basis of information which suggests that income chargeable to tax has escaped assessment in his ..... X X X X Extracts X X X X X X X X Extracts X X X X
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