Court orders Assessing Officer to provide information, allows petitioner to respond

The High Court set aside the impugned order and directed the Assessing Officer to provide all relevant information to the petitioner before proceeding with the assessment. The petitioner was allowed to file a further response and have a personal hearing. The court emphasized that this decision does not affect the final determination by the AO, ensuring the petitioner's defense was not compromised due to lack of information.

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Issues involved:
The judgment deals with an application for interim relief filed by the petitioner/assessee challenging notices and orders issued under the Income Tax Act, 1961.

Notice and Orders Assailed:
The writ petition challenges notices and orders including one issued under Section 148A(b) of the Income Tax Act, an order passed under Section 148A(d) of the Act, and a notice intimating that assessment will be completed under Section 144B of the Act.

Allegations and Defenses:
The petitioner/assessee was alleged to have benefited from bogus purchase entries totaling Rs. 24,31,89,457. The petitioner filed a partial reply which was considered by the Assessing Officer. The petitioner claimed that the defense was compromised as the relevant information was not provided by the AO.

Contentions and Rulings:
The petitioner's counsel argued that the assessment proceeding should not continue without providing all relevant information to the petitioner. The AO's rationale for considering the transactions as bogus was based on various discrepancies and non-existence of certain entities and vehicles.

Judicial Decision:
The High Court set aside the impugned order and directed the AO to pass a fresh order after providing all relevant information to the petitioner. The AO was instructed to allow the petitioner to file a further response and provide an opportunity for a personal hearing before proceeding with the assessment.

Final Disposition:
The writ petition was disposed of with the direction for the AO to pass a fresh order, ensuring the petitioner's defense was not compromised due to lack of relevant information. The court clarified that the judgment does not impact the final determination to be made by the AO.

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