Assessee was issued show cause notice under section 148A(b) on ground that assessee failed to show certain bank transactions in its return for relevant assessment year. Assessee filed a detailed reply in form of objections in response to show cause notice. Assessing Officer passed final order under section 148A(d) and issued reopening notice under section 148. On writ the Court held that there is an obligation cast upon Assessing Officer in accordance with clause (d) of section 148A to consider case not only on basis of materials available on record, but also reply of assessee. Since assessee offered his reply by way of objections and Assessing Officer failed to take into consideration said reply, impugned order passed under section 148A(d) was to be quashed and matter was to be remanded for fresh consideration. Matter remanded. (AY. 2018-19)
Shrenik Sudhir Vimawala v. ACIT (2022) 215 DTR 57 /327CTR 129 / 140 taxmann.com 236 (Guj.)(HC)
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Objection was not considered-AO was required to pass final order under section 148A(d) after taking into consideration said objections-Matter remanded. [S. 148, 148A(b), 148A(d), Art. 226]