2024 (9) TMI 297

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....d with the following main prayers:- "(1) to, issue a writ order or direction in the nature of certiorari to quash the impugned order dated 23.4.2024 passed U/s 148A(d) of the Income Tax Act, 1961 for the assessment year 2020-21. (Annexure No. 1). (ii) to, issue a writ order or direction in the nature of certiorari to quash the impugned consequential notice U/s 148 dated 23.04.2024 for A.Y. 2020-21 for re-assessment of the case of petitioner U/s 147 of the Income Tax Act. (Annexure No.2). (iii) to, issue a writ order or direction in the nature of certiorari to quash the impugned approval order given U/s 151 of the Income Tax Act by the opposite party number 2 dated 23.4.2024 for A.Y. 2020-21. (Annexure No.3). ....

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....on 20.12.2020 while going through the papers of such company which was according to the respondents is fraudulent firm.The said firm made 9 sale transactions with the petitioner.A Notice was issued to the petitioner, alleging that department was, prima facie, of the opinion that the petitioner was involved in bogus purchase of Rs. 66,37,468/- from M/s Singh Iron and Metals for the Assessment Year 2020-21. The petitioner's firm gave a detailed reply and also asked for further opportunity to produce evidence in case a JAO was not satisfied with the reply. The tax invoices as well as e-way bills were submitted showing the total cost of purchase including portion of Central GST and State GST @ 9% each. The petitioner's tax invoices s....

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....nds as well for challenging the order under Section 148 A(d) and under Section 148 of the Act based on the scheme notified by the Central Government under Section 151A of the Act and also on the basis of Judgments rendered by various High Courts relating to the fact that if sale of the same material which has been bought, is not questioned by the department, then the purchase cannot said to be fake as GSTR 1 is generated on sale which automatically is shown as GSTR-2 as against the purchasers. Sri Neerav Chtravanshi, learned counsel for the opposite parties no. 2 and 3 has stated that order dated 148 A(d) of the Income Tax is only re-opening assessment and proper opportunity shall be given to the assessee during the re-assessment proceed....