Allowing the petition the Court held that where the assessee provided documentary evidence to support his claim for exemption on long-term capital gains from securities transactions, the impugned reopening notice issued by Assessing Officer under section 148 solely based on information received on Insight Portal, without any tangible evidence or independent investigation was arbitrary notice and order disposing the objection was quashed. (AY. 2013 -14 )
Anwar Mohammed Shaikh v. ACIT [2023] 459 ITR 534 /148 taxmann.com 288 / 292 Taxman 414/(2024)337 CTR 201 (Bom)(HC)
S. 147 : Reassessment–After the expiry of four years -Capital gains –Reassessment notice was issued only on the basis of information received on insight portal – No tangible material – Reassessment notice was quashed. [S. 10(38), 143(3) 148, Art. 226]