Dismissing the petition the Court held that the credible information which constituted the bedrock for the formation of opinion had categorically alluded to the alleged diversion of the loan to sister concerns. The direction of the court was to carry out an exercise of examining the explanation as proffered by the assessee afresh. The Assessing Officer was not disabled from proceeding to examine the entire case including on the basis of the allegations which formed part of the original reasons to believe. (AY. 2016-17)
Alankar Apartments Pvt. Ltd. v. ACIT [2024] 169 taxmann.com 682 / (2025) 477 ITR 399 (Delhi)(HC)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice – Diversion of loan- Proceedings continued under section 148A pursuant to direction of Supreme Court in UOI v. Ashish Agarwal( 2022) 444 ITR 1 (1) (SC) – Reassessment proceedings held to be valid. [S. 147, 148, 148A(b), 148A(d), Art. 226]
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