2023 (5) TMI 477

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....ayendra Kumar Tiwary, Advs For the Respondents Through: Mr Shailendera Singh, Sr Standing Counsel with Mr Viplav Acharya and Ms Dacchita Shahi, Jr Standing Counsels along with Mr Akash Saxena, Adv. ORDER [Physical Hearing/Hybrid Hearing (as per request)] RAJIV SHAKDHER, J.: (ORAL) CM No.20555/2023 1. Allowed, subject to just exceptions. W.P.(C) 5253/2023 & CM No. 20554/2023 2. Issue ....

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.... and notice concern Assessment Year (AY) 2019-20. 5.1 A perusal of the notice dated 14.03.2023, issued under Section 148A(b) of the Act, shows that the principal allegation levelled against the petitioner/HUF is that it has registered bogus long term capital gains, by trading in stock of reputed entities. 5.2 It is alleged that the contract notes have been ante-dated. The allegation is that the ....

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....purpose, our attention has been drawn to Annexure P-4 and P-5 of the case file. 8. Having regard to the fact that the AO has failed to notice that the petitioner/HUF had in fact filed its return, we are of the view that the matter would require re-examination by the AO. 8.1 This is more so as when notice under Section 148A(b) of the Act was issued, the petitioner/HUF had sought accommodation, an....