2026 (9) TMI 264

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....ioner and learned Senior Standing Counsel Mr. Maunil G Yajnik for the respondent. 2. Having regard to the controversy arising in the petition which is in narrow compass, with the consent of the learned advocates for the respective parties, the matter is taken up for hearing. 3. Rule returnable forthwith. Learned Senior Standing Counsel Mr. Maunil G Yajnik waives service of notice of rule on behalf of the respondent. 4. By this petition under Article 226 of the Constitution of India, the petitioner challenges the issuance of notices under section 148A(1) of the Income Tax Act, 1961 (hereinafter referred to as "the Act") dated 31.03.2025 proposing to issue notice under Section 148 of the Act for the Assessment Year (for short "A.Y.")....

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....oor Kothawala and petitioner and sought for declaration of title and possession of the said land before the District Court (Rural), Ahmedabad. Eventually, Vijaybhai Jitendrabhai Trivedi and his family members reached a settlement with petitioner to sell the land to the petitioner for Rs. 80,00,000/-. Consequently the said Suit was withdrawn on 21.10.2019 and sale deed was executed on 23.10.2019 by which the Trivedi Family sold the disputed land to Petitioner for a consideration of Rs. 80,00,000/-. 5.4. The petitioner filed his return of income for A.Y. 2019-20 on 02.10.2019 declaring total income to the tune of Rs. 48,15,420/-. 5.5. It is also the case of the petitioner that a survey operation under Section 133A of the Act was carried....

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....oach this Court by way of present petition. SUBMISSIONS ON BEHALF OF THE PETITIONER: 6. Learned Senior Advocate Mr. S.N. Soparkar assisted by learned advocate Mr. B.S. Soparkar for the petitioner while inviting attention of this Court to the notice issued under Section 148A(1) of the Act has submitted that the reopening of the assessment is premised on the surmises and conjectures and on the statement of various persons who are not connected with the petitioner. It is submitted that as per the facts recorded in the said notice, survey action was taken in the case of M/s. Crown Decor Pvt. Ltd., and during the course of survey action of such premises, in post survey proceedings the mobile phone pertaining to one Mr. Praful Bhatt who is ....

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....EHALF OF THE RESPONDENT: 7. In response to the aforesaid submissions, learned Senior Standing Counsel Mr. Maunil G Yajnik for the respondent while placing reliance on the very same material on which the case of the petitioner is premised, has submitted that the investigation and the search proceedings reveal that the petitioner had entered into huge cash transaction for settling the entire issue of the land in question being Survey No. 105, Block No. 152 which was purchased by the petitioner. It is submitted that at this stage, when the allegations referred in the complaint as well as the name figuring of son of Mr. Vijaykumar Trivedi in the cash payment is still being investigated, the writ petition may not be entertained. OPINION AN....