TMI Blog2022 (6) TMI 520X X X X Extracts X X X X X X X X Extracts X X X X ..... ssing Officer has to consider the reply furnished by the assessee, if any, in response to the show-cause notice and thereafter decide on the basis of the material available on record including the reply of the assessee, whether or not it is a fit case to issue a notice under Section 148 by passing an order under clause (d) of Section 148A within one month from the end of the month in which the reply referred to in clause (c) is received by him or otherwise. Therefore, we are of the opinion that that the petitioner ought to have been given an opportunity of hearing and the respondent- Authority thereafter ought to have considered the material produced on record by the petitioner. We are not satisfied by the reasoning part of the impugn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or directions quashing and setting aside the impugned order u/s.148A(d) dated 31.03.2022 for A.Y.2018-19 passed by the Respondent [Annexure-A]. (b) to issue a writ of certiorari or in the nature of certiorari or any other appropriate writ, orders or directions of restraining the Respondent from issuance of notice u/s.148 of the Act for A.Y.2018- 19. (c) to call for the records of the proceedings and look into them and be pleased to issue a writ of certiorari or any other appropriate writ, order or direction quashing the impugned notice and order. (d) Pending the hearing and final disposal of this petition to maintain status quo in the matter and ask the Respondent and its subordinates not to take any action or to do anythi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... income for Assessment Year 2018-2019. 5.3. A show-cause notice under Section 148A(b) of the Income Tax Act, 1961 (for short 'the Act') came to be issued on 15.03.2022 by the respondent asking the petitioner to show cause as to why a notice under Section 148 should not be issued. 5.4. The petitioner submitted his reply on 20th March, 2022 and furnished details referred therein. 5.5. The respondent thereafter, passed impugned order under Section 148A(d) of the Act dated 31.03.2022 and held that it is the case of reopening of the assessment of the petitioner for the year 2018-2019. Hence, this petition. 6.1. Learned advocate Mr.Divatia for the petitioner submitted that the respondent- Authority should not have passed the i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h effect from 1st April, 2021, the procedure with regard to reopening of assessment has been substituted by substituting Sections 147 and 148 of the Act. Section 148A is inserted for conducting inquiry providing opportunity before issuance of notice under Section 148. It would therefore be germane to refer to Section 148A, as it is inserted by Finance Act, 2021 with effect from 01.04.2021 relevant for the year 2021-2022, which reads as under : Section 148A. The Assessing Officer shall, before issuing any notice under section 148,- (a) conduct 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) pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 132A in the case of the assessee on or after the 1st day of April, 2021; or (b) the Assessing Officer is satisfied, with the prior approval of the Principal Commissioner or Commissioner that any money, bullion, jewellery or other valuable article or thing, seized in a search under section 132 or requisitioned under section 132A, in the case of any other person on or after the 1st day of April, 2021, belongs to the assessee; or (c) the Assessing Officer is satisfied, with the prior approval of the Principal Commissioner or Commissioner that any books of account or documents, seized in a search under section 132 or requisitioned under section 132A, in case of any other person on or after the 1st day of April, 2021, pertains or p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng wth some documentary evidence showing that there is no escapement of income, the reply of the assessee was duly considered but not found acceptable. 12. In view of the above observation, we are not satisfied by the reasoning part of the impugned order, more particularly, when the details were supplied by the petitioner. Hence, we are of the opinion that the matter requires consideration and the same is allowed. The impugned order dated 31.03.2022 is hereby quashed and set aside. The matter is remitted back to the respondent- Authority. The respondent-Authority shall proceed further with the case under the provisions of Sub-sections (b) and (c) of Section 148A of the Act and shall afford an opportunity of hearing to the petitioner a ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
