9911796707
TMI Blog2023 (11) TMI 506X X X X Extracts X X X X X X X X Extracts X X X X ..... rom the impugned order, was racing against time because the matter would have got time barred and therefore passed the impugned order. We also find that the impugned order has been passed on the basis that assessee had come to One Time Settlement (OTS) on 21st October 2008 with Union Bank of India for loan taken and in the absence of complete details of the OTS the said amount was added as income of petitioner. Since petitioner/Uma Devesh Ajmera came to know about the existence of the order only on or about March 2020, the time to file appeal has also expired. It is averred in the petition that the OTS with Union Bank of India was only about Rs. 42 Lakhs and not Rs. 9.60 Crores. Therefore, in our view grave prejudice will be caused t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... era, who was the Director in the petitioner company and petitioner in Writ Petition No. 2486 of 2023, was informed by the Union Bank of India that her personal account has been attached by the Income Tax authorities, her Chartered Accountant started making enquiries and found out about the impugned order having been passed in 2016 and the consequential order passed under Section 179 of the Act against Uma Devesh Ajmera on 18th February 2020. 3. We have considered the impugned order dated 30th December 2016 in which it is stated, and rightly so, that the notices that were sent to petitioner came back undelivered with the endorsement Left . The A.O., it appears from the impugned order, was racing against time because the matter would have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, we pass the following order : (a) The impugned order dated 30th December 2016 is quashed and set aside. (b) The JAO shall, within two weeks provide copy of all notices issued to petitioner through petitioner s advocate Mr. Rahul Hakani. (c) Within two weeks thereafter petitioner shall reply/show cause to the notices and provide all details and documents. (d) Within six weeks thereafter the A.O. shall pass such order as he deems fit in accordance with law after giving a personal hearing to petitioner, notice whereof shall be communicated atleast five working days in advance. (e) The order to be passed shall be a reasoned order dealing with all submissions of petitioner. 9. Petition disposed. 10. All con ..... X X X X Extracts X X X X X X X X Extracts X X X X
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