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Case Law Details

Case Name : Balesh Jain Sons HUF VS ACIT (Delhi High Court)
Appeal Number : W.P.(C) 11944/2022
Date of Judgement/Order : 06/09/2022
Related Assessment Year :
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Balesh Jain Sons HUF VS ACIT (Delhi High Court)

1. Present writ petition has been filed challenging the show cause notice dated 17th May, 2022 issued under Section 148A(b) of the Income Tax Act, 1961 [‘the Act’] as well as order dated 29th June, 2022 issued under Section 148A(d) of the Act for the Assessment Year 2014-15.

2. On 18th August, 2022, this Court had issued notice in the present writ petition. The relevant portion of the order dated 18th August, 2022 is reproduced hereinbelow:-

Learned counsel for the petitioner states that the Petitioner filed its return of income for the relevant Assessment Year declaring an income of Rs.10,80,404/- and an intimation under Section 143(1) of the Act was issued. He states that the Petitioner received the impugned show cause notice dated 17th May, 2022 issued under Section 148A(b) of the Act seeking to reassess the income of the Petitioner on the ground that the Petitioner had undertaken transactions worth Rs.87,60,348/-with Mr.Naresh Manakchand Jain in the form of accommodation entries and the same had escaped assessment. He states that in his reply dated 27th May, 2022, the Petitioner informed the authorities that he had had no dealing with Mr.Naresh Manakchand Jain and also submitted details regarding the income earned by him during the year under consideration as well as his bank statement.

Learned counsel for the petitioner states that the impugned order dated 29th June, 2022 was issued under Section 148A(d) of the Act rejecting the contentions of the Petitioner on the ground that the Petitioner had not submitted any supporting evidence to show that the alleged information was incorrect and therefore the transaction of Rs.87,60,348/- undertaken by the Petitioner remained unexplained.

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