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TMI Blog2025 (3) TMI 46X X X X Extracts X X X X X X X X Extracts X X X X ..... count No.3042833. The petitioner in response dated 21.03.2022 stated that the petitioner has no bank account having the number mentioned in the notice. Further that the petitioner had a bank account with ICICI Bank, which was closed on 08.02.2010, the proof of closure of the bank account was enclosed. Order dated 31.03.2022 was passed holding that the objections are not tenable for the failure of ICICI Bank to respond to the notice issued on 25.03.2022 by the Assessing Officer (for brevity 'AO') under Section 133 (6) of the Act. Submissions: 3. Learned counsel for the petitioner argued that petitioner denied that the bank account mentioned in the notice belongs to it. The documents relating to closure of the bank account of the petitioner with the ICICI Bank were attached. The objections were decided in haste within six days of issuance of notice to bank. Submission is that the bank through an e-mail dated 06.04.2022 and 18.05.2022 responded to the notice of AO. The factum of closure of account of the petitioner with the ICICI Bank was accepted. Further it was stated that the account number mentioned in the notice does not exists with the bank. 4. Per contra the petitioner had n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under section 132A, in the case of any other person on or after the 1st day of April, 2021, belongs to the assessee; or (c) the Assessing Officer is satisfied, with the prior approval of the Principal Commissioner or Commissioner that any books of account or documents, seized in a search under section 132 or requisitioned under section 132A, in case of any other person on or after the 1st day of April, 2021, pertains or pertain to, or any information contained therein, relate to, the assessee; or (d) the Assessing Officer has received any information under the scheme notified under section 135A pertaining to income chargeable to tax escaping assessment for any assessment year in the case of the assessee.] Explanation.-For the purposes of this section, specified authority means the specified authority referred to in section 151.] [Prior approval for assessment, reassessment or recomputation in certain cases." Relevant clauses of guidelines dated 01/08/2022 for issuance of notice u/s 148 of the Act. xxxxxxxxxxxxxxxxxxxxxx "iv. The "specified authority" for the seeking approval for conducting enquiry u/s 148A(a), passing order u/s 148A (d) and issuance of notice u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... less than seven days, such remaining period shall be extended to seven days and the period of limitation under this sub-section shall be deemed to be extended accordingly. xi. The AO has to consider the reply of assessee furnished, if any, in response to the show cause notice referred to in clause(b) of Section 148A before passing the order u/s 148A (d). xii. The AO shall mandatorily pass a speaking order u/s 148A (d) in all cases with the 'prior approval of the specified authority' (Annexure-A2) for such order u/s. 148A (d), expect in the cases covered in Para 2.1 (iii) above of these guidelines, irrespective of whether issuance of notice u/s 148 is being recommended or not. A template of such order u/s. 148A (d) is enclosed at Annexure-A3. xiii. Once an order under clause(d) of Section 148A has been passed, no further approval is required for issuance of notice u/s 148 by the AO, with effect from 1.4.2022.* (* except for cases in which procedure under Section 148A is being applied for implementation of the Hon'ble Supreme Court's judgment in the case of UOI Vs. Ashish Agarwal (2022 SCC Online SC 543) dated 4.5.2022 for which specific instruction dated 11.5.20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed upon for reassessment and outcome of enquiry if conducted any, is to be supplied. In case of information having been received from investigating wing or other agency, brief summary of information along with relevant portion of report and details of documents relied upon is to be supplied. The decision that if it is a fit case for issuance of notice under Section 148 is to be taken with prior approval of the specified authority, on the basis of material available on record and after considering the reply filed by the assessee. The order is to be passed within one month from ending of the month when reply was filed and in case no reply was filed within one month from end of month when time to file reply expires. 6. The proviso to Section 148A of the Act provides exception to the applicability of Section 148A of the Act." 7. From perusal of the reasons annexed with the notice issued under Section 148A(b) of the Act, it is evident that name of the bank in which the account was maintained is not mentioned. Inspite of the mandate of Section 148A of the Act, circulars and guidelines issued by the department that material relied upon should be supplied to the assessee, the casualness ..... X X X X Extracts X X X X X X X X Extracts X X X X
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