TMI Blog2023 (10) TMI 781X X X X Extracts X X X X X X X X Extracts X X X X ..... for the foregoing reasons, we are inclined to allow the writ petition. Accordingly, the notice issued u/s 148A(b), the impugned order passed under Section 148A(d) and the consequent notice of even date issued under Section 148 of the Act are set aside. Decided in favour of assessee. - HON'BLE MR. JUSTICE RAJIV SHAKDHER AND HON'BLE MR. JUSTICE GIRISH KATHPALIA For the Petitioner Through: Mr Ruchesh Sinha, Adv. For the Respondents Through: Mr Shubhendu Bhattacharya, Standing Counsel. RAJIV SHAKDHER, J.: (ORAL) 1. This writ petition concerns Assessment Year (AY) 2014-15. 2. The notice in this petition was issued on 30.11.2022, which was made returnable on 17.02.2023. 2.1 Via the said order, the respondents/revenue were granted two weeks to file a counter-affidavit in the matter. 2.2 In the interregnum, a direction was issued that there will be a stay on the continuation of the reassessment proceedings triggered against the petitioner/assessee via the impugned notice dated 29.07.2022, issued under Section 148 of the Income Tax Act, 1961 [in short, Act ]. 3. On 17.02.2023, once again a request was made on behalf of the respondents/revenue f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... AAOCS5245C Kanhaiya Impex Pvt. Ltd. 2013-14 2500000 14-10-2013 5. AAOCS5245C Kanhaiya Impex Pvt. Ltd. 2013-14 2500000 15-10-2013 6. AAECC9830H Nirvaza Enterprises Pvt Ltd, 2013-14 5000000 20-03-2014 7. AAECC9830H Nirvaza Enterprises Pvt Ltd, 2013-14 3000000 29-10-2013 8. AAECC9830H Nirvaza Enterprises Pvt Ltd, 2013-14 4500000 30-10-2013 Please explain each of the above transactions with proper supporting evidence. 8. The record shows that the petitioner/assessee had filed a reply to the said notice dated 16.12.2021, issued under Section 142(1) of the Act as well as the Show Cause Notice (SCN) dated 27.03.2022, proposing variati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the said order is extracted hereafter: The assessee company has filed its return income amounting to Rs. 4199340/- for A.Y. 2014-15. Further, no regular assessment was made in this case. In this case, following information was received on INSIGHT portal : Information has been uploaded on insight portal. On going through the said information in the case the assessee has taken/received accommodation entry from Kanhaiya Impex Pvt Ltd (accommodation entry provider) operated by Himanshu Verma amounting to Rs. 27000000/- in considering FY as below:- SN Source PAN Source PAN Name Information FY Information Type Information Value Information Date Remarks 1 AAOCS5245C Kanhaiya Impex Pvt. Ltd. 2013-14 Others 5000000 09-10-2013 Accommodation Entry 2 AAOCS5245C Kanhaiya Impex Pvt. Ltd. 201 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not be made in its case on the basis of information which suggests that income chargeable to tax has escaped assessment in this case. In response, the assessee submitted his response dated 06.06.2022 in which the following has been mentioned: 1. No proceedings u/s 148A may be made because order u/s 147 has already been passed on the merits of the case by National Faceless Assessment Centre on 31/03/2022. The reply of the assessee is considered but not found tenable, it is found in the dissemination note provided that Shri Himanshu Verma is in the business of providing accommodation entries. During the FY assessee has received accommodation entries of Rs. 2,70,00000/- from Kanhaiya Impex Pvt Ltd operated by Shri Himanshu Verma. Assessment u/s 147 has already been made on returned income of assessee dated 29/03/2022 on the basis of earlier notice issued under sect ion 148 of the income Tax Act, 1961. As the notice in this case was served to the assessee after the 31.03.2021. As per judgment dated 04.05.2022 of the Hon'ble Supreme Court in the case of Union of India Ors. Vs Ashish Agarwal (Civil Appeal No. 3005/2022) all notices under section 148 have been ..... X X X X Extracts X X X X X X X X Extracts X X X X
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