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TMI Blog2023 (10) TMI 780X X X X Extracts X X X X X X X X Extracts X X X X ..... tions in the petitioner s income. AO, by waiting till 25.05.2023, created a situation whereby, he could not have granted clear seven (7) days for filing a response, as stipulated in the SOP. AO took an extreme position by providing only twenty-four hours to the petitioner to file a response. Perhaps, a couple of days more could have been given, having regard to the narrow timeframe that was available to him. More importantly, in this case, since the petitioner has taken the position that she has not entered into a transaction with Atul Tyagi, it was incumbent upon the AO to furnish relevant material which would in the very least, prima facie, demonstrate that the assertion was believable. Thus we are of the view that the best way forward wo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... This assertion is contained in a notice dated 20.05.2022 issued under Section 148A(b) of the Income Tax Act, 1961 [in short, "Act"]. 7. What is not in dispute is that the petitioner had not filed a reply to the said notice, but thereafter, filed a reply to a notice dated 10.04.2023 issued to her under Section 142(1) of the Act. This reply is dated 17.04.2023. In the reply, the petitioner took the stand that she had examined the bank statement and found that the transfer of Rs. 55 lakhs, as alleged, had not occurred. 7.1 Furthermore, via the said reply, the petitioner submitted that since she does not maintain books of accounts, it would be useful if any document or information that was available with the Assessing Officer (AO) concerning ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... time, but also, no information/material has been furnished in support of the allegation levelled against the petitioner. 11. On the other hand, Mr Sharma says that para N. 1.3.2 of the SOP would show that where limitation was coming to an end, the AO could curtail the response time, which is ordinarily seven days. 12. We have heard counsel for the parties and perused the record. 13. As indicated by Mr Lalchandani, we are not examining the merits of the matter. The only issue that is being looked at, at this juncture, concerns the breach of the principles of natural justice. 14. There is no doubt that the SOP does require the AO to grant a minimum of seven (7) days to respond to the show cause notice. 15. No doubt, as contended by Mr Sh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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