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TMI Blog2021 (5) TMI 529X X X X Extracts X X X X X X X X Extracts X X X X ..... r information from the assessee. However, before an addition is made, it evident that the CBDT instruction, dated 29.12.2015, requires issuance of a show-cause notice and an opportunity to be given to the noticee, i.e., the assessee to respond to the same. This step, it appears, at least at this stage, was not taken by the AO qua the petitioner. Therefore, according to us, the matter requires further examination. Accordingly, issue notice. - W.P.(C) 5272/2021 - - - Dated:- 12-5-2021 - HON'BLE MR. JUSTICE RAJIV SHAKDHER AND HON'BLE MR. JUSTICE TALWANT SINGH Petitioner Through: Mr. Kapil Goel, Advocate Respondent Through: Mr. Kunal Sharma, Advocate O R D E R [Court hearing convened via video-conferencing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6.2. The AO has also disallowed prior period expenses, and directed disallowance under Section 36(1)(va) read with Section 2(24)(x) of the Act. In effect, the taxable income has been pegged, by the AO, at ₹ 18,67,75,079/-. 6.3. Against this, a notice of demand, dated 22.04.2021, under Section 156 of the Act, has been issued. The demand raised is to the tune of ₹ 16,91,13,470/-. 7. Mr. Kapil Goel, who appears on behalf of the petitioner, submits that apart from anything else, the AO has failed to take into account the Central Board of Direct Taxes ( CBDT ) Instruction no. 20/2015, dated 29.12.2015. In particular, Mr. Goel relies upon paragraph 4 of the said instruction. For the sake of convenience, the same is extracted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, as envisaged under paragraph 4 of the CBDT instruction, dated 29.12.2015. In other words, according to Mr. Sharma, there has been no breach of the principles of natural justice. 9. Having heard the counsel for the parties and perused the record, what has also emerged is, that each of the notices issued by the AO, under Section 142(1) of the Act, was replied. This is evident upon a perusal of paragraph 2 of the impugned assessment order. 9.1. Broadly, the purpose of issuance of notice under Section 142(1) of the Act is, to gather information from the assessee. However, before an addition is made, it evident that the CBDT instruction, dated 29.12.2015, requires issuance of a show-cause notice and an opportunity to be given to the not ..... X X X X Extracts X X X X X X X X Extracts X X X X
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