TaxTMI 
TaxTMI 
2022 (6) TMI 520
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....forthwith. 2. Rule. Learned advocate Mr.Karan Sanghani for waives service of notice of rule for the respondent. 3. By way of present petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs : "(a) to issue a writ of certiorari or in the nature of certiorari or any other appropriate writ, orders or directions quashing and setting aside the impugned order u/s.148A(d) dated 31.03.2022 for A.Y.2018-19 passed by the Respondent [Annexure-A]. (b) to issue a writ of certiorari or in the nature of certiorari or any other appropriate writ, orders or directions of restraining the Respondent from issuance of notice u/s.148 of the Act for A.Y.2018- 19. (c) to call for t....
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..... The said firm was dissolved on 31.03.2013 and the entire business lock, stock and barrel was taken over by one of its partner namely Ashish Sureshbhai Parikh having a different PAN Number being ABCPP5324R. 5.2. Since the firm was dissolved and was not carrying the business, there was no taxable income during the Assessment Year 2018-2019 and had not filed its return of income for Assessment Year 2018-2019. 5.3. A show-cause notice under Section 148A(b) of the Income Tax Act, 1961 (for short 'the Act') came to be issued on 15.03.2022 by the respondent asking the petitioner to show cause as to why a notice under Section 148 should not be issued. 5.4. The petitioner submitted his reply on 20th March, 2022 and furnished detai....
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....ch, 2022 and has disclosed about the dissolution of the partnership firm clarifying that the PAN Number which was allotted to the partnership firm continued in the bank account till 2021. Necessary documents were attached including the Statement of the Bank Account of Union Bank which was of the petitioner as a proprietor and other documents. 9. By Finance Act, 2021, with effect from 1st April, 2021, the procedure with regard to reopening of assessment has been substituted by substituting Sections 147 and 148 of the Act. Section 148A is inserted for conducting inquiry providing opportunity before issuance of notice under Section 148. It would therefore be germane to refer to Section 148A, as it is inserted by Finance Act, 2021 with effec....
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....(c) is received by him, or where no such reply is furnished, within one month from the end of the month in which time or extended time allowed to furnish a reply as per clause (b) expires: Provided that the provisions of this section shall not apply in a case where,- (a) a search is initiated under section 132 or books of account, other documents or any assets are requisitioned under section 132A in the case of the assessee on or after the 1st day of April, 2021; or (b) the Assessing Officer is satisfied, with the prior approval of the Principal Commissioner or Commissioner that any money, bullion, jewellery or other valuable article or thing, seized in a search under section 132 or requisitioned under section 132A, in ....
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.... that that the petitioner ought to have been given an opportunity of hearing and the respondent- Authority thereafter ought to have considered the material produced on record by the petitioner. Paragraph No.5 of the impugned order reads as under : "5. After the notice issued under section 148A(b) of the Income-tax Act, in compliance of the notices, the assessee has submitted a reply dated 21.03.2022 along wth some documentary evidence showing that there is no escapement of income, the reply of the assessee was duly considered but not found acceptable." 12. In view of the above observation, we are not satisfied by the reasoning part of the impugned order, more particularly, when the details were supplied by the petitioner. Hence,....