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TMI Blog2023 (9) TMI 844X X X X Extracts X X X X X X X X Extracts X X X X ..... /revenue. 3. In view of the directions that we intend to pass, Mr Chandra says that no counter-affidavit is required to be filed, and he will rely on the record presently available with the court. 3.1 Therefore, with the consent of the counsel for the parties, the matter is taken up for final hearing and disposal, at this stage itself. 4. This writ petition assails the following notices and orders: (i) Notice dated 07.03.2023 issued under Section 148A(b) of the Income Tax Act, 1961 [in short, "Act"]. (ii) Order dated 28.03.2023 passed under Section 148A(d) of the Act. (iii) Notice dated 04.07.2023 intimating to the petitioner that the assessment will be completed, in accordance with procedure prescribed under Section 144B of Act. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the rationale provided by the AO is contained in the following paragraphs of the impugned order: "4. Assessee in its reply objected on the proposed action of issuing notice u/s 148 of IT Act and subsequently doing assessment. The objections raised by assessee are discussed as under. 5. Submission made by assessee was perused. But not found tenable. Assessee provided copy of bank statement to substantiate its claim that it was genuine transaction. But it missed the point that, it was never alleged that transactions were done outside banking channel. In fact bogus purchases were made through banking channel and such amount was claimed as expense. Also tax invoices will not prove assessee's case, as information available is t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3 would show that, although the petitioner furnished certain pieces of information to demonstrate that the transactions undertaken were genuine, the same were not considered by the AO. One such example is a piece of evidence concerning the production of the ledger account of the sellers which appears in petitioner's books of account. 12.1 It also appears that the petitioner placed on record documents to demonstrate that the transactions have been made through a banking channel. For example, in its reply dated 27.03.2023, the petitioner attached bank statements demonstrating payment made to the concerned parties. 12.2 Furthermore, it appears that the petitioner has also placed on record the tax invoices and e-way bills. 13. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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