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TMI Blog2023 (5) TMI 477X X X X Extracts X X X X X X X X Extracts X X X X ..... Jayendra Kumar Tiwary, Advs For the Respondents Through: Mr Shailendera Singh, Sr Standing Counsel with Mr Viplav Acharya and Ms Dacchita Shahi, Jr Standing Counsels along with Mr Akash Saxena, Adv. ORDER [Physical Hearing/Hybrid Hearing (as per request)] RAJIV SHAKDHER, J.: (ORAL) CM No.20555/2023 1. Allowed, subject to just exceptions. W.P.(C) 5253/2023 & CM No. 20554/2023 2. Issue ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r and notice concern Assessment Year (AY) 2019-20. 5.1 A perusal of the notice dated 14.03.2023, issued under Section 148A(b) of the Act, shows that the principal allegation levelled against the petitioner/HUF is that it has registered bogus long term capital gains, by trading in stock of reputed entities. 5.2 It is alleged that the contract notes have been ante-dated. The allegation is that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... purpose, our attention has been drawn to Annexure P-4 and P-5 of the case file. 8. Having regard to the fact that the AO has failed to notice that the petitioner/HUF had in fact filed its return, we are of the view that the matter would require re-examination by the AO. 8.1 This is more so as when notice under Section 148A(b) of the Act was issued, the petitioner/HUF had sought accommodation, a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s further, he will furnish information/material concerning the petitioner/HUF which is in his possession. 13. The AO will also accord personal hearing to the petitioner/HUF. For this purpose, he will issue notice indicating the date and time. 14. The writ petition is disposed of in the aforesaid terms. 15. Pending application shall also stand closed. 16. Parties will act based on the digitally ..... X X X X Extracts X X X X X X X X Extracts X X X X
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