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TMI Blog2021 (10) TMI 684X X X X Extracts X X X X X X X X Extracts X X X X ..... e accepted that sum from a lender was a genuine transaction taken through the bank. This Court feel that, such a chance can be given to the petitioner/Assessee, otherwise even if appeal is field against the assessment order, if this point is once again raised before the appellate authority, the appellate authority also has to necessarily consider the same and in that case, the entire assessment process, which culminated in the impugned order, would get further delayed. Therefore, instead of relegating the Assessee to approach the appellate authority to raise the same point of getting a personal hearing from the revenue, this Court feel that, since the chance of getting a personal hearing is part and parcel of the principles of natural justice, therefore, it comes within the domain of the writ jurisdiction, and on that ground, this Court feel that this writ petition can be entertained. After giving such an opportunity of personal hearing as indicated above for one day, it is open to the revenue to proceed to pass a fresh order of assessment, in accordance with law and on merits. - W.P.(MD)No.16695 of 2021 And W.M.P.(MD)No.13593 & 13594 of 2021 - - - Dated:- 16-9-2021 - THE ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns have been accepted to substantiate the identity, credit-worthiness and genuineness of the lenders. In response to the same also, the Assessee had given details on 12.01.2021, which were also considered by the revenue. 6.From those details furnished by the Assessee, with regard to the identity, credit-worthiness of the lenders, the revenue was able to find out that, one of the creditors, Manickavel Edible Oil Private Limited had filed ITR for the Assessment Year 2018-19. for a total income of ₹ 2,26,40,520/-, however, another lender, namely, Sri Nagalainga Vilas Oil Mills is concerned, it has filed ITR for the Assessment Year 2018-19 only for a total income of ₹ 1,35,580/-. 7.Therefore, revenue, thought of issuing notice under Section 133(6) of the Act, dated 04.02.2021 to the lenders asked them to provide the copy of Audit report, profit and loss accounts, balance sheet, etc. 8.In response to the notice, both the lenders have provided similar reply and stated that, it has advanced money to various sister concerns and has also received funds from them. Those details also were subsequently examined by the revenue. According to the revenue, on the examination o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion only on one aspect. He states that, normally as against the impugned assessment order, the Assessee has to be relegated to file an appeal under the Statute, however, in the present case, since the assessment has been made under the new scheme called Faceless Assessment Scheme , though the same has been introduced from the year 2019, very recently, it has given a statutory backing by insertion of Section 144(B) in the IT Act and, under the said scheme, throughout the country, the Faceless Assessment Scheme Authority can take any return, any case for scrutiny and reassessment could be made, where, during the process, absolutely, there could be no chance of meeting point between the officials concerned of the IT Department and the Assessee or their representatives. 12.In view of the new scheme, which has been recently introduced, and under the said scheme only the present assessment has been made and completed, and most of the time, when these assessment was taken place, the country was running with COVID-19, therefore, for all these reasons, eventhough, there has been a chance for the Assessee to ask for a personal hearing, the Assessee, has missed the chance, by admittedly, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ments available with the petitioner/Assessee had been procured from the Assessee, and those documents having been scrutinized, the revenue has come to such a conclusion. 18.The learned Standing Counsel would further add that, apart from the notice given and the documents were procured from the Assessee, further notice had been given to the lenders also and in response to the same, the lenders also had given their own documents to establish the said transactions, especially, the transaction of the lenders, who claimed to have credited by way of a loan to the Assessee to the extent of more than 40 crores, therefore, after giving all such opportunities to the petitioner/Assessee, the revenue since has come to the conclusion and the assessment has been made by adding the said amount, which is a huge amount, for which, absolutely, there is no scope for any escape, the learned Standing Counsel would submit that the impugned assessment order cannot be assailed on the ground of violation of principles of natural justice and therefore, if at all, the petitioner/Assessee has got any grievance over the assessment order, which is impugned herein, he can very well be relegated to the Appella ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e personal hearing. In this regard, very fairly, the learned Senior counsel has submitted that, specifically that chance of personal hearing, though was not asked by the petitioner/Assessee, that become incumbent on the part of the petitioner/Assessee to seek such a chance of personal hearing, in view of the peculiar facts of the case, where, the petitioner has been placed to explain with the documents already submitted to the revenue people to establish that the transactions under which, the petitioner/Assessee accepted that sum from a lender was a genuine transaction taken through the bank. 25.When this aspect has been projected, this Court feel that, such a chance can be given to the petitioner/Assessee, otherwise even if appeal is field against the assessment order, if this point is once again raised before the appellate authority, the appellate authority also has to necessarily consider the same and in that case, the entire assessment process, which culminated in the impugned order, would get further delayed. Therefore, instead of relegating the Assessee to approach the appellate authority to raise the same point of getting a personal hearing from the revenue, this Court fe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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