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2024 Supreme(Raj) 148

AVNEESH JHINGAN, SHUBHA MEHTA
R. K. Buildcreations Private Limited – Appellant
Versus
The Income Tax Officer – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Prakul Khurana, Ms. Vrinda Lakhotia, Adv. Mr. Aryan Singh Chouhan, Adv. & Mr. Nilinesh Sen, Adv.
For the Respondent: Mr. Anuroop Singhi, Adv. with Mr. N.S. Bhati, Adv. & Mr. Aditya Khandelwal, Adv.

JUDGMENT :

Avneesh Jhingan, J

1. This writ petition is filed seeking quashing of order dated 26.07.2022 passed under Section 148A(d) of the Income Tax Act, 1961 (for short the ‘Act’). Further prayer is for quashing of notice dated 30.06.2021 issued under Section 148 of the Act.

Facts

2. The petitioner is a Private Limited Company. For the Assessment year (for brevity AY) 2015-16, income tax return was filed on 04.11.2015 declaring NIL income. On 30.06.2021, notice under Section 148 of the Act was issued stating that there were reasons to believe that income chargeable to tax for AY 2015-2016 had escaped assessment. After the decision of the Supreme Court dated 04.05.2022 in the case of Union of India Vs. Ashish Agarwal (2022) 444 ITR 01 (SC), notice under Section 148A(b) of the Act was issued on 30.05.2022. The petitioner responded on 11.06.2022, demanded the details and the documents. Additional objections were filed on 14.06.2022. The information reproducing the worksheet mentioning the name of petitioner and other entities who had provided loan to M/S Om Sokhal Builders and Cons

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