2022 (10) TMI 771

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....E MANMEET PRITAM SINGH ARORA Petitioner Through: Mr. Aditya Ajgaonkar, Advocate with Mr. Vikas Jain, Mr. Aviral Saxena and Mr. Manjeet Rathod, Advocates. Respondents Through: Mr. Puneet Rai, Sr. Standing Counsel with Ms. Adeeba Mujahid, Jr. Standing Counsel and Mr. Nikhil Jain, Advocate. J U D G M E N T MANMOHAN, J: CM APPLs.41912-41913/2022 (exemption) Allowed, subject to all ju....

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....been issued in violation of the provisions of Section 148A(b) of the Act as it merely states the transaction entered into by the Petitioner and does not contain any allegation of escapement of income. 3. Learned counsel for the petitioner states that the petitioner filed a reply to the show cause notice explaining the aforesaid transactions stating that the transaction had been recorded in the ....

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.... out that this reason/information was not mentioned in the impugned show cause notice. He contends that the Petitioner was not provided any proper and effective opportunity to reply to the authorities as there was no specific charge/allegation/basis in the show cause notice to suggest that income had escaped assessment and the grounds on the basis of which the impugned order has been passed were n....

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....nder Section 148A(b) of the Act, the petitioner was never asked to explain the source of funds that were used by Manu Garments to purchase the shares of Bert Marketing Pvt. Ltd. 8. This Court is further of the opinion that if the foundational allegation is missing in the notice issued under Section 148A(b) of the Act, the same cannot be incorporated by issuing a supplementary notice. 9. In t....