2023 (4) TMI 538

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....h: Mr Abhishek Maratha, Sr. Standing Counsel with Mr Akshat Singh, Jr. Standing Counsel. [Physical Hearing/Hybrid Hearing (as per request)] RAJIV SHAKDHER, J.: (ORAL) 1. The record shows that the first substantive hearing in the matter was held on 04.02.2022. On that day, after hearing counsel for the parties, we had noted the broad contours of the case and issued notice. For the sake of conven....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....at this is a case of change of opinion, inasmuch as a specific query was raised by the AO concerning purported discrepancy in the sales turnover as disclosed in the Tax Audit Report and the petitioner's ITR; whereupon an assessment order was passed under section 143(3) of the Act. 6. Accordingly, issue notice. 6.1. Mr Abhishek Maratha accepts notice on behalf of the respondents/revenue. 6.2.....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e court today i.e., 27.03.2023. To be noted, there is a typographical error in the order dated 07.09.2022, as it indicates that the returnable date is 25.03.2022 instead of 27.03.2023. 4. The record shows that the counter-affidavit despite opportunities being given in that behalf. 5. According to us, this appears to be a case of change in opinion. Furthermore, the issue which arises for consider....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....o be set aside. It is ordered accordingly. 8. As in the other case i.e., W.P.(C)1922/2022, liberty is given to the AO to take next steps in the matter. In case reassessment proceedings are sought to be triggered once again, the AO will have regard to the fact that qua the very same issue which is raised in the AY in issue, reassessment proceedings were dropped vis-a-vis AYs 2015-16 and 2016-17. ....