2024 (5) TMI 226

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..... e same is not reflected in the impugned order nor the AO has referred to in the affidavit-in-reply. In view of the above undisputed fact of not granting opportunity of hearing to the petitioner, the impugned assessment order is hereby quashed and set aside and the same is remanded back to the Assessing Officer to pass fresh de novo order after giving opportunity of hearing to the petitioner from the show-cause notice stage. Such exercise shall be completed within 12 weeks from the date of receipt of copy of this order.
HONOURABLE MR. JUSTICE BHARGAV D. KARIA AND HONOURABLE MR. JUSTICE NIRAL R. MEHTA Appearance: For the Petitioner(s) No. 1 : Mr Tushar Hemani, Sr. Advocate With Ms Vaibhavi K Parikh (3238). For the Respondent(s) No. 1 .....

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..... tted before the respondent that notice was a formal notice and if any further information is required, the petitioner may be informed. 3.2 Thereafter notices were exchanged between the parties and ultimately, show-cause notice was issued on 16th February, 2024 (digitally signed at 04.57 p.m.) calling upon the petitioner to show cause as to why addition of Rs. 22,21,19,440/- should not be made in respect of the unsecured loans taken during the year under consideration. The petitioner was granted time till 19th February, 2024 to furnish reply to the show-cause notice. 3.3 The petitioner made an online request for adjournment on 19th February, 2024 to gather the materials from multiple sources and prayed for time to file reply. 3.4 In the s .....

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..... ring to the petitioner. 5. On the other hand, learned senior standing counsel Mr. Varun Patel for the respondent submitted that request made by the petitioner though reflected on the Portal is not recorded in the order-sheet. He invited attention of the Court to Page No. 96 of the paper book to demonstrate from the order-sheet that after the issuance of show-cause notice on 16th February, 2024, hearing date was fixed on 19th February, 2024 by 4.22 p.m. and thereafter there is no noting in the order-sheet with regard to the adjournment prayer made by the petitioner and therefore, the respondent Assessing Officer could not grant any opportunity of hearing to the petitioner. 6. Having considered the above submissions, it appears that the res .....

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