9911796707
TMI Blog2023 (5) TMI 845X X X X Extracts X X X X X X X X Extracts X X X X ..... e are told that the reason given for seeking accommodation was that the petitioner had to gather the material relevant for his defence. It appears that without dealing with the request for accommodation, the AO passed the impugned assessment order dated 03.03.2023. Clearly, the petitioner was not heard in support of his stand. There is, therefore, if nothing else, a breach of principles of natural justice, as the AO, without dealing with the request for accommodation, proceeded to pass the impugned assessment order dated 03.03.2023. On this singular ground, we are inclined to set aside the impugned assessment order dated 03.03.2023 and the order passed under Section 148A(d) - consequential notice issued under Section 148 of the Act shall al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erties. The allegation levelled against the petitioner, as noted in the notice issued under Section 148A(b) of the Act, is captured in the following paragraphs of the annexure appended to the said notice. For the sake of convenience, the same are extracted hereafter: 2. An information has been received from ADIT (Inv.), Jalandhar that during the action of Enforcement Directorate on Sh. Bhupinder ,S/o Late Sh. Satnam Singh, R/o AdarshNgar , Jalandhar, a red colour diary was seized from the residential premise of Bhupinder Singh . The said diary was shared with department along with other documents related to violation of income Tax. During the in depth analysis of the said page, it was seen that against each transaction of Rs. 70,50,000/- a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le consideration and the capital gain has been calculated accordingly. [Emphasis is ours] 6. Admittedly, the petitioner filed a reply qua the notice issued under Section 148A(b) of the Act, which is dated 25.03.2022. 7. The Assessing Officer (AO), thereafter, passed an order dated 31.03.2022 under Section 148A(d) of the Act. The essence of the AO s rationale is recorded in the following paragraphs of the said order: 6. After due analysis of the relevant information and verification from the Department s database, it is observed that the income corresponding to the above tabulated financial transactions has escaped assessment for the year under consideration. 7. Thereafter, following due procedure as provided by Section 148A of the Act, a sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nforcement Directorate from the husband of one of the purchasers, was suggestive of the fact that there was a cash component. 9.1 The diary was seized in the course of the search action carried out against Mr Bhupinder Singh, who is, concededly, the husband of Mrs Gurjit Kaur. 10. It is in this backdrop that the AO concluded that the income chargeable to tax has escaped assessment. 11. Ms Prem Lata Bansal, learned senior counsel, who appears on behalf of the petitioner, however, says that the petitioner needed to explain as to why there was no cash component involved, as alleged or at all. 11.1 Ms Bansal says that the petitioner was not granted enough opportunity to furnish an explanation in defence of the charge levelled against him. 11.2 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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