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Income Tax

Assessment order must mention bank details of bogus accommodation entries

Case Law Details

TaxGuru Citation
2022 taxguru.in 4665
Case Name
Boutique International Pvt Ltd Vs DCIT (Delhi High Court)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2017-18
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Boutique International Pvt Ltd Vs DCIT (Delhi High Court)

Court finds that the information furnished to the Petitioner and the impugned order do not specify in which bank account or account number, the alleged amount have been received by the Petitioner. Though the impugned order states that the asset is represented by bogus accommodation entries in the form of bank deposits, yet no details of any such deposit have been mentioned in the impugned order.

Consequently, the impugned order passed under Section 148A(d) of the Act as well as the notice issued under Section 148 of the Act both dated 22nd July, 2022, for AY 2017-18 are set aside and the matter is remanded back to the Assessing Officer for a fresh determination. In the interest of justice, this Court permits the Assessing Officer to supply additional information, if any, in his possession to the Petitioner-Assessee within four weeks. The Petitioner-Assessee shall be at liberty to file an additional response within four weeks thereafter. The Assessing Officer shall subsequently decide the matter in accordance with law within four weeks.

FULL TEXT OF THE JUDGMENT/ORDER OF DELHI HIGH COURT

Exemption allowed, subject to all just exceptions.

Accordingly, this application stands disposed of.

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