Amarpadma Credits (P.) Ltd. v. ITO (2025) 307 Taxman 305 (Guj.)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Cash credits-Accommodation entries-Failure to consider the reply-Violation of principle of natural justice-Order of the Assessing Officer is set aside-the matter was remanded to the Assessing Officer to pass a fresh de-nova order under section 148A(d) after considering the reply of assessee. [S. 68, 132, 148A(b), 148A(d), Art. 226]

Assessing Officer issued a reopening notice under section 148A on the ground that a search conducted under section 132 upon one, ‘M’ revealed that he was an accommodation entries provider in the form of unsecured loan and as per such information, assessee was one of the beneficiaries who had availed accommodation entry in the form of loan which was not reflected in the accounts of assessee. It was noted that the assessee had filed a detailed reply along with relevant documents. However, the Assessing Officer, without considering said reply, passed the impugned order under section 148A(d), holding that it was a fit case to reopen the assessment. On writ, the Court held that the  Assessing Officer had failed to consider the detailed reply filed by the assessee, which would result in a breach of principles of natural justice.  High Court set aside the notice issued under section 148, and the matter was remanded to the Assessing Officer to pass a fresh de-novo order under section 148A(d) after considering the reply of the assessee.  (AY. 2019-20)

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