Dismissing the appeal against the order of single judge the court held that the AO having considered assessee’s objection and come to the conclusion that the assessees failed to explain the transaction regarding derivative loss and that the assessee has made claim of fictitious loss, no interference is warranted with the impugned order under s. 148A(d) in writ proceedings; in exercise of Constitutional writ jurisdiction under Art. 226 the Court should not interfere in these types of cases where full-fledged investigations are required on alleged fictitious transaction/claim. (AY. 2015-16)
Accord Capital Markets (P) Ltd. v. ITO (2023) 333 CTR 549 (Cal)( HC) Editorial : Order of single Judge is affirmed, Accord Capital Markets (P) Ltd. v. ITO (2023) 333 CTR 550 (Cal)( HC)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Fictitious loss-Derivative loss-Full-fledged investigations are required-Due process is followed-Writ petition is dismissed. [S. 148A(b), 148A(d), Art. 226]