On appeal against the judgement of single judge the Hon’ble High High Court observed that the assessee was not provided the opportunity of personal hearing. Therefore, the assessing officr while passing the order under section 148A(d) violated the principles of natural justice. Accordingly, the Hon’ble HC held that the order passed under section 148A(d) is to be treated as a notice under section 148A(b). Further, the Hon’ble High Court directed the assessee to file further objection along with supportive documents and the assessing officer to pass fresh order after granting opportunity for personal hearing.(AY. 2019-20)
Nitin Agarwal v. ITO (No. 2) [2023] 157 taxmann.com 35 / (2024) 460 ITR 323 (Cal) (HC)Editorial : Refer order of single judge , Nitin Agarwal v. ITO (NO. 1) (2024)460 ITR 321 (Cal)(HC)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Unexplained expenditure-Bogus purchases)-No opportunity of personal hearing granted-Violation of principle of natural justice-Matter remanded-The assessee is directed to file objections with supportive documents. [S. 148A(b) 148A(d), Art. 226]