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2023 Supreme(Del) 4372

RAJIV SHAKDHER, GIRISH KATHPALIA
Vmvs Textiles Private Limited – Appellant
Versus
Income Tax Officer Ward 26(1) – Respondent


Advocates appeared:
Mr Prashant Shukla, Adv., for the Petitioner.
Mr Puneet Rai, Sr Standing Counsel with Mr Ashvini Kumar and Ms Madhavi Shukla, Jr Standing Counsels, for the Respondents.

JUDGMENT

[Physical Hearing/Hybrid Hearing (as per request)]

Rajiv Shakdher, J. (Oral)

1. Issue notice.

1.1. Mr Puneet Rai, learned senior standing counsel, accepts notice on behalf of the respondents/revenue.

2. In view of the directions that we propose to pass, Mr Rai says that he does not wish to file a counter-affidavit in the matter, and that he will rely upon the record, as is presently available to the Court.

2.1. Therefore, with the consent of the learned counsel for the parties, the writ petition is taken up for hearing and final disposal at this stage itself.

3. This writ petition concerns Assessment Year (AY) 2013-2014.

4. The writ petition assails the order dated 30.07.2022 passed under Section 148A(d) of the Income Tax Act, 1961 [in short, "Act"].

4.1. Besides this, challenge is also laid to the CBDT instruction No. 1/2022 dated 11.05.2022.

5. Furthermore, the petitioner seeks a direction qua the respondents/revenue, to the effect that they should be restrained from taking further action, in pursuance of the consequential notice issued under Section 148 of the Act.

6. The principal allegation made against the petitioner is, that it is a beneficiary of accommodation

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