9911796707
TMI Blog2021 (10) TMI 919X X X X Extracts X X X X X X X X Extracts X X X X ..... Counsel for petitioner and we agree with the counsel that even though this communication is referred to as show cause notice as to why assessment should not be completed as per draft assessment order , this communication by no stretch of imagination can be referred to as draft assessment order. By this communication, respondent is only seeking further details regarding the amount spent on certain theme park, relevant plans, copies of contract with employees etc. Petitioner replied to this notice by its communication dated 19th April 2021. Respondent, thereafter, passed the assessment order on 4th June 2021 disallowing expenses in the sum of ₹ 72,33,00,000/- and assessed total income of ₹ 74,62,11,790/-. This assessment order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nitiating penalty proceedings under Section 274 read with Section 271AAC and Section 271B of the Act. According to petitioner, assessment order has been passed without strictly complying with the mandatory provisions under Section 144B of the Act and also without giving a personal hearing. Ms Halbe, learned counsel for petitioner submitted that in petitioner s reply dated 22nd February 2021 itself petitioner had requested for personal hearing. 3. For the A.Y. 2018-2019, petitioner filed return of income on 13th February 2019 declaring total income at Rs,2,29,11,790/-. Petitioner s case was selected for complete scrutiny under the CASS and accordingly notice under Section 143(2) of the Act was issued on 10th August 2017. Thereafter, a not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cause notice as to why assessment should not be completed as per draft assessment order , this communication by no stretch of imagination can be referred to as draft assessment order. By this communication, respondent is only seeking further details regarding the amount spent on certain theme park, relevant plans, copies of contract with employees etc. Petitioner replied to this notice by its communication dated 19th April 2021. Respondent, thereafter, passed the assessment order on 4th June 2021 disallowing expenses in the sum of ₹ 72,33,00,000/- and assessed total income of ₹ 74,62,11,790/-. This assessment order, however, was not preceded by any draft assessment order as required under Section 144B of the Act. No reply has be ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
