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TMI Blog2017 (12) TMI 363X X X X Extracts X X X X X X X X Extracts X X X X ..... ER Heard Mr.Suhrith Parthasarathy learned counsel for the petitioner and Mr. Sundareshwaran, learned Senior Senior Counsel accepting notice on behalf of the respondent. By consent, the writ petition itself is taken up for final disposal. 2.The petitioner is aggrieved by the impugned order passed by the respondent rejecting the petitioner's objections to a notice dated 30.03.2017 issued under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r has not filed return of income admitting any income from capital gains or profession, he has reason to hold that the income chargeable to tax has escaped assessment as per Section 147 of the Income Tax Act. 3.The petitioner submitted a reply on 18.08.2017 stating that as the transactions were effected during the assessment year 2009-2010, the petitioner filed his return of income, the returns w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hich he should do. Thus, a man of ordinary prudence would be of the opinion that the Assessing Officer would definitely wait till 27.09.2017, as he had already fixed a date for production of records. Unfortunately, the respondent appears to have been in a hurry and has passed the impugned order dated 25.09.2017. 6. On the perusal of the impugned order, it is seen that the respondent has scanned t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efore, it is contended that the respondent could not have passed the impugned order on 25.9.2017, as he fixed the date for production of documents on 27.9.2017. 9. The above facts clearly show that there has been violation of the principles of natural justice. The petitioner having been afforded an opportunity to produce the records on or before 27.9.2017, the respondent should have waited till 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... atter is remitted back to the respondent for a fresh consideration. The respondent shall afford an opportunity of personal hearing, peruse the documents filed by the petitioner along with their representation dated 27.9.2017, examine the Profit and loss account, Balance Sheet and Auditor's report under Section 44 AB of the Act for the assessment year 2009-2010 and pass a reasoned order on meri ..... X X X X Extracts X X X X X X X X Extracts X X X X
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