9911796707
TMI Blog2024 (10) TMI 1503X X X X Extracts X X X X X X X X Extracts X X X X ..... civil work contractors to receive payments in the form of mobilization advances and against running account bills. The operative portion of the impugned assessment order clearly indicates that the tax liability was confirmed by disregarding the objections of the petitioner that the receipts in Form 26AS cannot be treated as the turnover. In these circumstances, the interest of justice demands that the petitioner should be heard. Solely for this reason, the impugned assessment order warrants interference, albeit by putting the petitioner on terms. The impugned assessment order is quashed subject to the condition that the petitioner remits 10% of the disputed tax demand as agreed to within a maximum period of two weeks from the date of recei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s in respect of which TDS or TCS was deducted and that it cannot be construed as the taxable turn over of such person. 4. With reference to the reply issued by the petitioner, he pointed out that the petitioner had submitted documents such as the audited profit and loss account and balance sheet, audit report in Form 3CB 3CD, Form 26AS and GSTR 1, 2A and 2B. By contending that no personal hearing was granted, learned counsel submits that if a personal hearing had been granted, the petitioner would have been able to explain the facts and persuade the assessing officer with regard to the discrepancy between Form 26AS and the petitioner's returns. Learned counsel also submits that the assessment proceedings are barred by limitation. On ins ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ned assessment order is quashed subject to the condition that the petitioner remits 10% of the disputed tax demand as agreed to within a maximum period of two weeks from the date of receipt of a copy of this order. Subject to being satisfied that 10% of the disputed tax demand was received, the assessing officer is directed to provide a reasonable opportunity, including a personal hearing, and thereafter issue a fresh assessment order in accordance with law with in a maximum period of two months thereafter. The petitioner is also permitted to submit additional documents, including the documents called for by the assessing officer previously. 8. W.P.No.6773 of 2024 is disposed of on the above terms. No costs. Consequently, W.M.P.Nos.7546 and ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
