Assessee is engaged in business of trading. During relevant assessment year, assessee incurred loss on account of trading in fabrics. During scrutiny, Assessing Officer disallowed said loss Consequently, an appeal was filed before Commissioner (Appeals) The Assessing Officer issued notice under section 148A(b) after observing information uploaded in INSIGHT and flagged by high risk transaction, wherein it was found that assessee had entered into fictitious transactions of bogus purchases. On writ it was contended that the alleged information was missing in the Portal. Allowing the petition the Court held that there had been breach of principle of natural justice accordingly the order passed under section 148A(d) was quashed and directed the authorities to furnish the information within seven days of the receipt of the order of the High Court (AY. 2018-19)
Yuva Trading Co. (P.) Ltd. v. ITO (2023) 292 Taxman 598 (Guj.)(HC)
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Unexplained expenditure-Bogus purchases-Violation of principle of natural justice-Information was not provided-Notice and order was set aside. [S. 148, 148A(b), 148(d), Art. 226]