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2023 (2) TMI 464

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..... formation was received by the AO which was then furnished to the petitioner, the matter, according to us, would require reconsideration on both counts, based on which the petitioner has approached this Court. Accordingly, the best way forward, in our opinion, would be to set aside the order passed under Section 148A(d) of the Act and the consequent notice issued u/s 148 of the Act. - W.P.(C) .....

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..... s juncture, no counter-affidavit is required to be filed. 4. Therefore, with the consent of learned counsel for the parties, this writ petition is taken up for hearing and final disposal. 5. This writ petition is directed against the notice dated 22.03.2022 issued under Section 148A(b) of the Income Tax Act, 1961 [in short Act ]. 5.1 Besides this, challenge is also laid to the order date .....

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..... unstar Reality Developers; accommodation entry providers. 8. The cumulative value of the transactions supposed to have been entered by the petitioner/assessee with the aforementioned entities is Rs.28,36,343/-. 9. The petitioner/assessee, in its reply, has categorically taken the stand that it has not entered into any transactions with the entities referred to hereinabove. 9.1 This aspect .....

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..... roached this Court. 12. Accordingly, the best way forward, in our opinion, would be to set aside the order passed under Section 148A(d) of the Act and the consequent notice issued under Section 148 of the Act. 13. It is ordered accordingly. 13.1 The order dated 30.03.2022 and the consequent notice dated 30.03.2022 are set aside. 14. The AO is directed to conduct a de novo hearing. 1 .....

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