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2023 (5) TMI 915

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..... ce of notice for reassessment for the very year had been challenged. AO while disposing of the same as noted the aspect of scrutiny assessment and also dropping of the proceedings for the A.Y.2013- 14 and 2014-15 on the ground that the aspect of cash withdrawal was not at any point of time examining by Assessing Officer, though the books of account and other material had been placed, has continued the proceedings and issued the notice u/s. 148 of the I.T.Act. Since there was a scope of AO for the scrutiny assessment at the time of scrutiny assessment, which is still in the grey area as to whether the aspect of cash withdrawal, he could not be noticed because of want of required material available to that but, to despite the scrutiny asse .....

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..... to 10th April, 2023. ORDER IN SPECIAL CIVIL APPLICATION NO. 14786 of 2022 On 7th February, 2023, learned advocate Mr.Gandhi had required to move the draft amendment for bringing on record the outcome of the assessment year 2013-14 and 2014-15. The reply is filed denying on the correctness of the allegations. According to the respondent, A.Y 2018-19, the challenge where the notice issued under Section 148 of the Income Tax Act does not deserve to be entertained since, the petitioner has failed to disclose the certain vital details. On the basis of information received from the DDIT ( Investigation ) Unit 1(1), Ahmedabad through Insight portal, the Suspicious Transaction Report (STR) was generated by Finance Intelligence Unit of .....

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..... ssessing Officer. The scrutiny assessment had taken place under Section 143(3) of the I.T.Act. which eventually resulted into Assessing Officer passing an order. After the same was over, at the behest of the DDIT investigation on the issue of the cash withdrawal of Rs.18.00 crores , the objections raised against the issuance of notice for reassessment for the very year had been challenged. Assessing Officer while disposing of the same as noted the aspect of scrutiny assessment and also dropping of the proceedings for the A.Y.2013- 14 and 2014-15 on the ground that the aspect of cash withdrawal was not at any point of time examining by Assessing Officer, though the books of account and other material had been placed, has continued the pro .....

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