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2020 (9) TMI 220

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..... n are between the Directors of the Company and the assessee themselves. The second aspect of the matter pertains to reliance on the stock details report dated 13.02.2020. In this case, personal hearing was held on 31.01.2020. It is quite possible that the petitioner themselves requested the Assessing Authority to conduct an inspection. In fact, on the last occasion when the Assessing Officer was also heard through the Video Conference, she strongly submitted that the report dated 13.02.2020 was obtained based on the inspection that was undertaken at the instance of the petitioner themselves. It may be so - It is obvious that the Assessing Officer had relied on a report dated 13.02.2020 before passing the impugned order. But the said r .....

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..... ner, this Court proceeded to consider the contentions urged by the learned counsel appearing for the petitioner. The petitioner is engaged in manufacturing tobacco products. This subject matter pertains to the assessment year 2019-2020. The petitioner suffered the impugned order dated 12.03.2020, whereby, the petitioner has been called upon to pay certain sum of money. The said order is challenged by the petitioner principally on two grounds. The first ground is that the respondent has assumed that certain remittances in the bank account of the petitioner represents income from sale transactions. According to the petitioner, since the petitioner's Company was recently started in order to infuse capital, the Directors advanced personal l .....

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..... d the assessee themselves. 6. The second aspect of the matter pertains to reliance on the stock details report dated 13.02.2020. In this case, personal hearing was held on 31.01.2020. It is quite possible that the petitioner themselves requested the Assessing Authority to conduct an inspection. In fact, on the last occasion when the Assessing Officer was also heard through the Video Conference, she strongly submitted that the report dated 13.02.2020 was obtained based on the inspection that was undertaken at the instance of the petitioner themselves. It may be so. But then as rightly contended by the learned counsel appearing for the petitioner, when such report is relied upon and it is adverse to the petitioner's interest, a copy of .....

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