9911796707
TMI Blog2024 (10) TMI 1573X X X X Extracts X X X X X X X X Extracts X X X X ..... ined investments and also adding the shares, which were transferred to his account, after the demise of his wife, as purchase securities HELD THAT:- In the present case, it appears that the due to the demise of petitioner's wife, her shares were transferred to the NRO account of petitioner. According to the petitioner, the said transaction is not taxable. Further, it appears that the alleged deposits were made in the Non- Resident Ordinary (NRO) Account of the petitioner, for which, the TDS was already deducted. Hence, the petitioner was under the impression that he is not liable to file any returns - show cause notice dated 21.03.2024 was issued and draft assessment order dated 28.03.2024 was also passed by the respondents. However, du ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs to be genuine. In such view of the matter, this Court is inclined to provide an opportunity to the petitioner by setting aside the impugned order dated 21.05.2024 passed by the 1st respondent. Accordingly, this Court passes the following order:- (i) The impugned order dated 21.05.2024 is set aside and the matter is remanded to the 1st respondent for fresh consideration. (ii) The petitioner shall file their reply/objection along with the required documents, if any, within a period of three weeks from the date of receipt of copy of this order. (iii) On filing of such reply/objection by the petitioner, the 1st respondent shall consider the same and issue a 14 days clear notice, by fixing the date of personal hearing, to the petitioner and t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er, he would submit that in the said impugned order, the respondents had classified the petitioner as a Resident and demanded tax amount by adding the deposits made in his account as unexplained investments and also adding the shares, which were transferred to his account, after the demise of his wife, as purchase securities . However, according to the petitioner, since the alleged deposits were made in the Non-Resident Ordinary (NRO) Account and the TDS was already deducted for the said deposits, the petitioner is not liable to pay any tax amount for the same and since the shares were transferred from his deceased wife's account due to her demise, the same is also not taxable. Without taking all these aspects into consideration, the im ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... espondents. However, due to the demise of his wife and other personal commitments, the petitioner was not in a position to explain these aspects to the respondent. Therefore, the impugned order came to be passed by the 1st respondent on 21.05.2024. 8. Further, it appears that no opportunity of personal hearing was provided to the petitioner prior to the passing of impugned order. Hence, this Court is of the view that the impugned order was passed in violation of principles of natural justice since it is just and necessary to provide an opportunity to the petitioner to establish their case on merits. That apart, the reason assigned by the petitioner for non-filing of reply, appears to be genuine. In such view of the matter, this Court is inc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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