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TMI Blog2022 (11) TMI 1411X X X X Extracts X X X X X X X X Extracts X X X X ..... pecific assertion on the part of the petitioner that the said notices were not received by him, though the said contention is opposed by the respondents, by adopting a justice oriented approach and to provide one more opportunity to the petitioner to submit his reply to the show-cause notices along with the documents in support of his claim we deem it just and appropriate to set aside the impugned order and remit the matter back to the respondent for reconsideration afresh in accordance with law. Applicability of E-Assessment Scheme, 2019 - As in view of findings above that the impugned assessment order deserves to be set aside and the matter be remitted back to the respondents for reconsideration afresh, the issue / question regarding ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot being applicable to the previous year 01.04.2016 to 31.03.2017 as Section 115BBE of the IT Act came into effect from 01.04.2017. c. Issue such other Writ or direction as this Hon ble Court deem fit to grant in the facts and circumstances of the present case. 2. Heard Sri. M.V. Seshachala, learned Senior counsel appearing on behalf of learned counsel for the petitioner and learned counsel for the respondents and perused the material on record. 3. In addition to reiterating the various contentions urged in the Memorandum of Petition and referring to the documents produced by the petitioner, learned Senior Counsel for the petitioner submits that though the impugned proceedings culminating in the impugned order dated 04.12.2019 w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve of principles of natural justice and the same deserves to be quashed. It is also submitted by learned Senior Counsel that a perusal of the impugned Assessment Order will indicate that the respondents have invoked Section 68 of the Income Tax Act, 1961, which mandates that before accepting or rejecting the explanation offered by the petitioner, it is incumbent upon the respondent to examine the creditors which are named and disclosed in the documents and disclosures by the petitioner/assessee as held by the Apex Court in the case of the Commissioner of Income Tax Vs. Orissa Corporation (1986) 159 ITR 0078 . It is submitted that if an opportunity is given to the petitioner to submit his reply to the notices and if personal hearing is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te to set aside the impugned order and remit the matter back to the respondent for reconsideration afresh in accordance with law. 6. In so far as the contention urged by the petitioner with regard to applicability of the said Scheme of 2019 is concerned, in view of my findings above that the impugned assessment order deserves to be set aside and the matter be remitted back to the respondents for reconsideration afresh, the issue / question regarding the requirement of following the scheme in respect of the proceedings, which were initiated after to coming into force of the said Scheme of 2019 may not be relevant for adjudication of present petition. In so far as the contention urged by the petitioner, the judgment of the Apex Court in th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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