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2023 (4) TMI 538
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...., Advs. For the Respondents Through: 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 cas....
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....ssessing the petitioner. 5. Prima facie, we are of the view that 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. ....
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....erlocutory applications were disposed of. 3. It is in this backdrop that the matter has been listed before the 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. ....
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....ng reasons, we are of the view that the impugned notice dated 30.03.2021 and the impugned order dated 29.12.2021 deserve to 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 ve....