2023 (9) TMI 1743

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....ted 12.09.2023 are extracted hereafter: "2. This writ petition concerns Assessment Year (AY) 2019-20. 3. Via the instant writ petition, a challenge is laid by the petitioner to the following order and notices: (i) Notice dated 23.02.2023 issued under Section 148A(b) of the Income Tax Act, 1961 [in short, "Act"]. (ii) Order dated 31.03.2023 passed under Section 148A(d) of the Act. (iii) Notice dated 31.03.2023 issued under Section 148 of the Act. 4. A perusal of the notice dated 23.02.2023 issued under Section 148A(b) of the Act would show that the principal allegation against the petitioner, to begin with, was that there were unexplained credits in its bank account amounting to Rs. 1,33,....

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....bank statements which are appended on page 394 of the case file. 9. It appears that prima facie, Mr Kantoor is right that there has been a change in goalpost. This is evident upon perusal of the following extract from the impugned order: "As per information assessee had taken accommodation entry from M/s. MK Traders, Luxmi Agencies & Lucky Traders which are entities controlled by Sh. Manish Gupta as unexplained credits. The assessee in its reply denied to have any transaction with said entities, it provided its copy of bank statement with the Indian Bank (A/c No. 50316904371) for the period from 01.04.2018 till 31.12.2018 considering the date of search was 31.10.2018. On examination of said bank statement there is no credi....

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....tries has now taken the shape of unexplained investment, without any charge being levelled in that regard in the notice issued under Section 148A(b) of the Act. 11. The investment could be considered unexplained only if some explanation was sought by the AO in the first instance. 12. Since Mr Menon has asserted, based on the observations made in the impugned order passed under Section 148A(d) of the Act, that the bank statement of the account maintained by the petitioner with ICICI Bank was not furnished, we are inclined to allow Mr Menon to obtain instructions in the matter. 13. Mr Menon will also have the AO visit the designated portal and furnish instructions after having completed that exercise. 14. I....