2023 (1) TMI 486

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....22[Application filed on behalf of the petitioner seeking interim relief] 2. Issue notice. 2.1 Mr Sanjay Kumar accepts notice on behalf of the respondent/revenue. 3. In view of the directions that we intend to pass, Mr Kumar says that counter-affidavit is not required to be filed. 4. Therefore, with the consent of counsel for the parties, the writ petition is taken up for hearing and final disposal at this stage itself. 5. This writ petition is directed against the order dated 25.07.2022 passed under Section 148A(d) of the Income Tax Act, 1961 [in short, "the Act"] and the consequential notice of even date i.e., 25.07.2022 issued under Section 148 of the Act concerning Assessment Year (AY) 2016-2017. 6. The record appears t....

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.... officer on 29.11.2019. (iv) Most of the lenders had nominal incomes. In other words, they did not have the potential to lend the amounts to third parties. 8. We have, on record, the reply dated 31.05.2022 whereby the petitioner, inter alia, sought the following information/material from the AO. (i) Enquiries made by the AO. (ii) Inspection/ Enquiry Report. (iii) Any other reports/documents incidental or related to the above. (iv) Lastly, any other information and material relied upon by the revenue. 9. We may note that in the very same reply, the petitioner had indicated that it would file a further response once the aforementioned information/material is provided and that even if the info....

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....etitioner to submit a final response. Therefore, it is Mr Kumar's submission, that the period of one month would commence only from 30.06.2022, being end of the month i.e., the date on which the extended time to furnish the reply expired. Thus, accordingly, if this position is taken to be correct, the AO could pass an order under Section 148A(d) of the Act, on or before 31.07.2022. 13.1. In sum, it is Mr Kumar's contention, that since the order under Section 148A(d) of the Act was passed on 25.07.2022, it was not beyond the timeframe provided in Section 148A(d) of the Act. 14. As observed above, we are in agreement with Mr Kumar on this aspect of the matter. To reiterate, since the reply of the petitioner was partial, and the petition....