Saloni Prakash Kumar v. ITO (2023)458 ITR 452 /155 taxmann.com 432/335 CTR 782 (Mad)(HC)

S. 153C : Assessment-Income of any other person-Search-Long term capital gains-Penny stock shares-Matter remanded.[S. 10(38), 132, 147, 148A(b) 148A(d), Art. 226]

Court held that  the initial notice issued under section 148A(b) for reopening the assessment under section 147 was not bad in law. However, the order under section 147 read with section 144B did not state how the benefit under section 10(38) could be denied to the assessee by simply concluding that it had traded in penny stock shares of Monotype India Ltd,  particularly when the assessee had contended that he had purchased the shares of M as early as March 30, 2011 and had sold them during the financial year 2017-18 (the assessment year 2018-19). Therefore, the order under section 147 read with section 144B was set aside and the matter was remitted back to the Assessing Officer to pass a fresh order on merits and in accordance with law. [Matter remanded.](AY.2018-19)