2023 (7) TMI 1519

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Panel Counsel for the Respondents P. C.:- 1. With the consent of Counsels we have taken this Petition to be disposed at the admission stage itself. 2. Petitioner is aggrieved by an order dated 31st March 2023, passed under Section 148A(d) of the Income Tax Act, 1961("the said Act"), which was passed following a notice dated 18th February 2023 that was issued under Section 148A(b) of the s....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

..../-. The source of information was Subregistrar Office-3, Thane. 5. Petitioner replied vide letter dated 2nd March 2023 and informed Respondent No.1 that during the year under consideration Petitioner had sold only one property valued at Rs. 46,50,000/-. Petitioner also stated that perhaps the transaction is reported twice or may not belong to Petitioner. Despite this, Petitioner received an ord....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ry evidence for double reporting of sale of property and details of cost of acquisition. Therefore, the entire sale consideration of Rs. 93,00,000/- will be treated as capital gain and this will be the escaped income in the year under consideration. 7. We fail to understand how a person can prove the negative. The onus was on the Assessing Officer to prove that what the Petitioner has stated in....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... aside. 10. The matter is remanded to the concerned officer to pass a correct order in accordance with law after correctly considering the Reply filed by Petitioner on 2nd March 2023 and also affording a personal hearing to Petitioner. Notice of personal hearing shall be communicated at least seven working days in advance. 11. Petition disposed. 12. All the rights and contentions are kept....