Tax Notice Quashed: Case Remanded for Fresh Review by New Officer with Deadline for Reasoned Order by July 2024.

The HC quashed the impugned order dated 4th May 2023 and set aside the notice under Section 148 of the Income Tax Act, 1961. The case was remanded for fresh consideration by a different AO, who must issue a reasoned order by 31st July 2024, considering all submissions and providing a personal hearing. The Petitioner was granted access to all documents used in issuing the notice and allowed to file additional submissions within two weeks of receiving the documents. The petition was disposed of with no order as to costs, preserving all parties' rights and contentions.

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Issues involved: Impugning a notice under Section 148A (b) of the Income Tax Act, 1961, order under Section 148A (d) of the Act, and another notice under Section 148 of the Act.

Impugned Order Analysis: The main ground raised was the lack of dealing with submissions in the order under Section 148A (d) of the Act, indicating non-application of mind by the Assessing Officer.

AO's Decision: The Assessing Officer dismissed all submissions by stating that the documents provided were insufficient to prove the genuineness of the transaction, solely relying on information from the Directorate General of GST without independent analysis.

Court's Decision: The High Court quashed the impugned order dated 4th May 2023 and remanded the matter for fresh consideration by a different Assessing Officer. The notice issued under Section 148 of the Act was also set aside.

Remand and Directions: The new Assessing Officer was directed to pass a reasoned order by 31st July 2024, considering all submissions and providing a personal hearing to the Petitioner. The Petitioner was also granted access to all documents and information used for issuing the notice.

Further Proceedings: The Petitioner was given the opportunity to file additional submissions within two weeks after receiving the documents, and the petition was disposed of with no order as to costs, keeping all rights and contentions of parties open.

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