9911796707
TMI Blog2023 (7) TMI 1095X X X X Extracts X X X X X X X X Extracts X X X X ..... he petitioner, she had specifically requested for personal hearing in order to explain that the sale consideration of the immovable property was spent by her to purchase another immovable property in the name of her son owing to her medical condition; but even personal hearing was not granted to the petitioner and the same is not just in violation of the process mandated u/s 144B(6)(viii) HELD THAT:- As mentioned above, learned counsel for respondent revenue in all fairness conceded that petitioner deserves a fair hearing on the issues. In the overall circumstances described above, the impugned assessment order as well as the consequent demand notice, both dated 15.03.2023 are set aside and the matter is remanded to the Assessment Of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion. Learned counsel for respondent, in all fairness, conceded to the lacunae that had crept in the process culminating into the impugned assessment order and demand notice. 3. Briefly stated, the circumstances relevant for the present purposes are as follows. 3.1 By way of order dated 21.03.2022 under Section 148A(d) of the Income Tax Act, reassessment proceedings were initiated against the petitioner, a bed ridden terminally ill lady, on the basis of information received on the insight portal maintained by the Income Tax Department to the effect that she had not filed return of income relevant to the Assessment Year 2018-19 despite having received sale consideration of Rs. 2,64,00,000/- pertaining to an immovable property and had re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 23 she categorically contended that in view of the legal position settled through various judicial precedents (cited therein), she could not be denied the benefit of exemption under Section 54 of the Act, but in the impugned assessment order, those judicial precedents were not followed or even otherwise dealt with. Further, according to the petitioner, she had specifically requested for personal hearing in order to explain that the sale consideration of the immovable property was spent by her to purchase another immovable property in the name of her son owing to her medical condition; but even personal hearing was not granted to the petitioner and the same is not just in violation of the process mandated under Section 144B(6)(viii) of the A ..... X X X X Extracts X X X X X X X X Extracts X X X X
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