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TMI Blog2018 (3) TMI 1209X X X X Extracts X X X X X X X X Extracts X X X X ..... d to by the enquiry officer, they are not discussed and the enquiry officer records a finding without taking note of the documents and the submissions, the finding of the enquiry officer is perverse based on his ipse dixit and in violation to the principles of natural justice. Based on the aforesaid principle, in these cases also, we find that the Assessing Officer has proceeded to pass the assessment orders on the basis of legal principle, but while doing so, has not discussed the show cause filed by the petitioners and the relevant documents which they had brought on record in their defence, including the valuation report. That being the position, we see no reason to reject the claim made by the petitioners, on the contrary, we are satisf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3(2) of the Act. The assessees appeared through their representatives on various dates and filed details of the bank accounts and various other documents along with a detailed show cause. Even though hearing took place from time to time, as is detailed in the order, a subsequent show cause notice and questionnaire was raised to the petitioners vide Annexure-5 on 21st December, 2017 and the petitioners again submitted a detailed reply and answer to the queries vide Annexure-6 on 26th of December, 2017 and much before that the petitioners had also brought on record a report on valuation of shares of Cachet Pharmaceuticals Private Limited given by the Chartered Accountants. Be that as it may, it is the grievance of the petitioners are that in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er is not called for. We have heard learned counsel for the parties at length and we find that the petitioners did submit a detailed reply to the show cause along with various documents, including a valuation report. Even though in the opening para of the order, the learned Assessing Officer refers to appearance of the authorized representative and advocate of the assessees, submission of various documents, like copies of Income tax return, details of bank accounts and other documents and also says that on various dates discussion took place, but in the entire order passed, he proceeds on the basis of various legal principles derived and the findings have been recorded even without referring to what are the objections of the petitioners; w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s Presiding Officer, AIR 1985 SC 1121, wherein it has been held by the Hon'ble Supreme Court that if relevant documents or material pointed out by a delinquent employee in defence of the charges levelled against him in a departmental enquiry are not adverted to by the enquiry officer, they are not discussed and the enquiry officer records a finding without taking note of the documents and the submissions, the finding of the enquiry officer is perverse based on his ipse dixit and in violation to the principles of natural justice. Based on the aforesaid principle, in these cases also, we find that the Assessing Officer has proceeded to pass the assessment orders on the basis of legal principle, but while doing so, has not discussed the show ..... X X X X Extracts X X X X X X X X Extracts X X X X
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