9911796707
TMI Blog2021 (6) TMI 1X X X X Extracts X X X X X X X X Extracts X X X X ..... e addition of ₹ 90,25,535/-. As a matter of fact, had the show cause notice cum draft assessment been served on the petitioner, its authorised representative could have requested for a personal hearing in the matter. The respondent/ revenue, to our minds, could not have side-stepped such safeguards put in place by the legislature. The justification proffered by Mr. Bhatia that notices were issued prior to the passing of the impugned assessment order, does not impress us. This submission flies in the face of the schematic design of the statute. Accordingly, the impugned assessment order and the notice issued under Section 156 and Section 270A read with Section 274 of the Act are set aside. Liberty is, however, given to the respon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essment order dated 20.04.2021, as also the impugned notices issued under Section 156 and Section 274 read with Section 270A of the Act, of even date. 4. Issue notice. 5. Mr. Ruchir Bhatia, accepts notice on behalf of the respondent/revenue. 5.1. Mr. Bhatia says that, in view of the directions that we propose to pass, he does not wish to file a reply and will argue the matter based on the record, presently, available with the Court. 6. Accordingly, with the consent of the counsel for the parties, the writ petition is taken up for hearing and final disposal. 7. The record shows that the petitioner had filed his return qua the Assessment Year (AY) 2018-2019 on 30.10.2018. Via this return, the petitioner had declared a loss of & ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rystalized as ₹ 81,43,220. 14. Mr. Bhatia, who appears on behalf of the respondent/revenue says that, before issuance of the impugned assessment order, several opportunities were given, and therefore, the case set up on behalf of the petitioner that there has been a breach of principles of natural justice, is not tenable. 15. Mr. Deepkaran Dalal, who appears on behalf of the petitioner, contends to the contrary. 16. Having heard the learned counsel for the parties and perused the record, in our view, the principles of natural justice have been violated in this case. The reason why we say so is set forth hereafter. 16.1. The statute [i.e., Section 144B(1)(xiv), (xv), (xvi)(b) and (xxii)] provides for issuance of a show caus ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
