9911796707
TMI Blog2024 (1) TMI 1441X X X X Extracts X X X X X X X X Extracts X X X X ..... r>Writ Petition No. 22144 of 2023 (T-IT) - - X X X X Extracts X X X X X X X X Extracts X X X X ..... etitioner and learned counsel for the respondents and perused the material on record. 3. A perusal of the material on record will indicate that on 07.03.2023, the second respondent issued the impugned notice under the Section 148A(b) of the Income Tax Act, 1961 ('IT Act' for short) seeking to initiate re-assessment proceedings in respect of the petitioner for the Assessment Year 2016-17. The said ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No.3 in the impugned order, which is contrary to the material on record as well as violative of principles of natural justice and the same deserves to be set aside. It is also submitted that though the petitioner had not submitted his reply prior to 17.03.2023, having regard to the fact that the petitioner had submitted replies subsequently on 21.03.2023 and 25.03.2023 prior to passing the impugne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... A perusal of the material on record will indicate that despite the petitioner having submitted his replies on 21.03.2023 and 25.03.2023 prior to passing of the impugned order on 28.03.2023 as held by this Court in Shankar Reddy's case supra and since the impugned order without providing sufficient or reasonable opportunity to the petitioner is violative of principles of natural justice, I am of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eed further in accordance with law. (iv) Liberty is reserved in favour of the petitioner to submit pleadings, documents, etc., to the said notice dated 07.03.2023 to the second respondent. (v) The 2nd respondent is directed to provide sufficient and reasonable opportunity to the petitioner and hear him and proceed further in accordance with law. (vi) All rival contentions on all aspects of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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