TMI Blog2022 (5) TMI 1390X X X X Extracts X X X X X X X X Extracts X X X X ..... ee by serving upon him a notice to show cause 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. Clause (d) of Section 148A of the Act provides that on the basis of material available on record including reply of the assessee, the Assessing Authority shall decide as to whether or not it is a fit case to issue a notice under section 148. Thus, under Section 148A of the Act, 1961, enquiry is to be conducted by the Assessing Officer with respect to the information received by him, show cause notice is to be issued by him to the assessee on the basis of that information and the order under clause (d) is to be passed by him with reference t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ovable property more than 20,00,000/-' and accordingly required the petitioner to explain the nature and source of above transaction along with documentary evidences. The petitioner filed a reply dated 30.3.2022 explaining that immovable property in question is a flat which was booked in the year 2012 and thereafter payments have been made year to year through account payee cheques. The entire details of payment were disclosed in the aforestated reply and additionally a copy of the registered sale deed registered on 19.4.2017 in respect of the property in question, was also filed. 4. Despite the facts aforenoted, the respondent no. 3 has passed the impugned order dated 31.3.2022 under Clause (d) of Section 148A of the Act, 1961. Peru ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by him, show cause notice is to be issued by him to the assessee on the basis of that information and the order under clause (d) is to be passed by him with reference to the information received. 7. Under the circumstances, we direct the respondent nos. 2 and 3 to file counter affidavit by means of their personal affidavits within three days, failing which, the respondent no. 3 shall remain personally present and shall show cause as to why exemplary cost be not imposed. 8. Put up as a fresh case before the appropriate Bench on 25.5.2022. 9. As an interim measure, it is provided that till the next date fixed, proceedings pursuant to the notice under section 148 dated 31.3.2022 for the assessment year 2018-19 shall remain stayed. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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