TMI Blog2023 (1) TMI 276X X X X Extracts X X X X X X X X Extracts X X X X ..... r, has been filed by Mr Abhishek Sahai and Mr Ajit Sahai, who claim to be the ex-partners of the petitioner arrayed before us i.e., Empire Trading Company. Given the fact, that the affiants are the former partners of the petitioner, this defect, in our view, can be ignored. In view of what has been observed by us hereinabove, Mr Shailendra Singh cannot but accept, that the material in possession of the concerned assessing officer should have been furnished to the noticee. Thus, having regard to the foregoing, we are inclined to set aside the order passed under Section 148A(d) of the Act, and the notice of even date i.e., 30.07.2022 issued under Section 148 of the Act. The partners of the petitioner i.e., Mr Abhishek Sahai and Mr A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng aside the Impugned Order u/s 148A(d) of the Act dated 30.07.2022 and Impugned Notice u/s 148A(b) of the Act dated 26.05.2022 and Impugned Notice u/s 148 of the Act dated 30.07.2022 issued to the Petitioner for AY 2014-15, by the Respondent and all proceedings emanating therefrom. 6. The record shows, that the central allegation against the petitioner is, that he is a beneficiary of the accommodation entries provided by Atul Tyagi Group of Gurugram. 6.1 The respondent/revenue has alleged, that the petitioner has received an accommodation entry amounting to Rs.1,51,50,061/-. 7. The petitioner, in response to the notice issued under Section 148A(b) of the Income Tax Act, 1961 [in short Act ] had inter alia, indicated that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... view of what has been observed by us hereinabove, Mr Shailendra Singh cannot but accept, that the material in possession of the concerned assessing officer should have been furnished to the noticee. [In this case, the partners]. 13. Thus, having regard to the foregoing, we are inclined to set aside the order dated 30.07.2022 passed under Section 148A(d) of the Act, and the notice of even date i.e., 30.07.2022 issued under Section 148 of the Act. 13.1 It is ordered accordingly. 14. The partners of the petitioner i.e., Mr Abhishek Sahai and Mr Ajit Sahai and/or their authorized representatives will appear before the concerned assessing officer on 09.01.2023, at 11:00 AM. 14.1 The concerned assessing officer will furnish the mater ..... X X X X Extracts X X X X X X X X Extracts X X X X
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