2024 (3) TMI 315

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....ed:- 4-3-2024<br>WRIT PETITION NO. 15619 OF 2023 - -<br>Income Tax<br>K.R. SHRIRAM & DR. NEELA GOKHALE, JJ. For the Petitioner : Mr. Rohan Deshpande, i/b. Mr. Smit Shah. For the Respondents-Revenue : Mr. Suresh Kumar. ORAL JUDGMENT (PER K.R.SHRIRAM, J.) 1. Rule. Rule made returnable forthwith. By consent taken up for final hearing. 2. Petitioner had filed its return of income on ....

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....ect information and, therefore, should be treated as invalid. This new notice contained brief details of information collected/received by the Assessing Officer ("AO"). The information was Petitioner was a beneficiary of accommodation entries amounting to Rs. 27,50,000/- from one M/s. Kusum Multitrade Pvt. Ltd. ("KMPL"). Petitioner was called upon to show cause as to why the income arising out of ....

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....deliver challans, lorry receipts, toll booth slips, etc. Mr. Deshpande is correct in stating that these details were never asked for in the notice issued under Section 148A(b) of the Act or later. 6. Mr. Deshpande is also correct in submitting that for the first time in this order there is even an allegation that investigation by Central Goods and Service Tax Department revealed that KMPL was i....

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....s and E-way bills. Mr. Deshpande also submits that perhaps the toll booth receipts may not be available because that would be paid by the transporter, but nevertheless an attempt will be made to submit the same. 7. Therefore, we have no hesitation in quashing and setting aside the impugned order dated 31st March 2023 passed under Section 148A(d) of the Act and remand the matter for de novo cons....