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TMI Blog2024 (6) TMI 471X X X X Extracts X X X X X X X X Extracts X X X X ..... n advance copy. [2] Rule returnable forthwith. Learned Senior Standing Counsel Mr. Varun Patel waives service of notice of Rule for the respondent. [3] Having regard to the controversy in narrow compass and with the consent of the learned advocates for the parties, the matter is taken up for hearing. [4] By this petition under Article 226 of the Constitution of India, the petitioner has prayed to quash and set aside the assessment order dated 18th March 2024 passed by the respondent. [5] The brief facts of the case are that the petitioner has filed return of income for Assessment Year 2022-23. Notices were issued under Section 142 (1) and 143 (2) of the Income Tax Act, 1961 (for short, "the Act"). The petitioner, in response to the said ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etitioner has obtained unsecured loan of Rs. 11,27,14,020/-. It was also pointed out from the show cause notice that the petitioner had already submitted ledger extract, copy of ITR, Bank statement, confirmation from parties to check the identity, genuineness and creditworthiness of the lenders. It was submitted that the summons under Section 133 (6) of the Act issued by the respondent - Assessing Officer were not even referred to in the show cause notice which is in form of the draft assessment order for making addition of unsecured loan obtained by the petitioner under Section 68 of the Act. [7] Learned advocate Mr. Gandhi invited the attention of this Court that the Assessing Officer has made addition of Rs. 6,42,98,316/- on the ground ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... faceless assessment, more particularly, clauses (XIV) and (XVI) of sub-section (1) of Section 144B of the Act. Reliance was placed on the decisions of this Court in the case of Darshan Enterprise vs. Additional/Joint/Deputy/Assistant Commissioner of Income Tax Officer reported in [2022] 134 taxmann.com 188 (Gujarat) as well as the decision of Prakashchandra Chhotalal Shah vs. Income Officer reported in [2023] 149 taxmann.com 100 (Gujarat) and the decision in the case of Dineshkunar Chhaganbhai Nandani vs. Income Tax Officer reported in [2023] 153 taxmann.com 187 (Gujarat), to submit that the respondents authorities have committed a breach of principles of natural justice and therefore, this petition may be entertained and the impugned asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ovo consideration. [13] Considering the facts of the case, we are left with no other option but to quash and set aside the impugned assessment order and remit the entire matter to the Assessing Officer for de novo consideration and to pass a fresh assessment order after providing all the relied upon documents like the reply received pursuant to the notice and summons issued under Section 133 (6) of the Act as well as the other relevant documents of the parties who did not reply to the summons providing opportunity of cross-examination, if requested, and after giving an opportunity of hearing to the petitioner, fresh de novo assessment order may be passed in accordance with law. Such exercise shall be completed within 12 weeks from the date ..... X X X X Extracts X X X X X X X X Extracts X X X X
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