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Citing SC decision in Ashish Agarwal case the High Court in (2023] 454 ITR 326 (Bom) emphasised that it goes without saying that providing information to the petitioner, without furnishing the material based upon which the information is pro vided, would render an assessee handicapped in submitting an effective reply to the show-cause notice, thereby rendering the purpose and spirit of section 148A(b) of the Act totally illusive and ephemeral.

In the outcome the Court quashed both notice and order under section 148A with the liberty to supply the relevant material, if it is otherwise permissible keeping in view the issue of limitation.

In this case the AO carried following materials :

  1. statement recorded during survey action;
  2. sale list and conveyance deed.

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