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TMI Blog2025 (1) TMI 1410X X X X Extracts X X X X X X X X Extracts X X X X ..... se notice, for which it had replied and a hearing through 'video conferencing' had also taken place. Whether the 'video conferencing' was an empty formality? - As rightly pointed out by respondents, the petitioner in the affidavit had clearly averred that it and its authorized representative had appeared through 'video conferencing' and had explained in detail the way in which the loans were taken and repaid. This itself would mean that the said 'video conferencing' was not an empty formality. When a show cause notice had been issued on certain allegations, it is the duty of the recipient of such show cause notice to assail the same by producing relevant and necessary documents. In the present case, the pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndicating satisfactory reply to the show cause notice. A 'video conferencing' was held on 23.02.2024 and the petitioner's authorized representative had attended the 'video conferencing' and had explained the manner in which the loans were taken and repaid and the same should not be treated as income. Necessary documents were also uploaded in the portal and the petitioner had also intimated that if any further documents were required by the respondents, the same could also be provided. However, to the shock and surprise of the petitioner, the first respondent made an addition of Rs. 5,03,00,000/- in respect of the loan taken and an addition of Rs. 27,00,00,000/- in respect of the loan repaid and had determined the total i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ioner in support of this writ petition. He would take me to the averments made by the petitioner, particularly to para 6 of the affidavit, wherein the petitioner itself has averred that the petitioner and its authorized representative had attended the 'video conferencing' and had explained the various facts with regard to the loans taken and the loans repaid, which should not be added as income. Therefore, such averment itself would negative the claim of the learned counsel for the petitioner. He would submit that the other grounds raised by the petitioner are all on merits of the order and therefore, it would be only proper for the petitioner to approach the Appellate Authority. 8. I have considered the rival submissions made by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not be aware of what are the documents available with the petitioner to substantiate the same. Hence, I do not find any violation of principles of natural justice as alleged by the petitioner. Applying the principles laid down by the Hon'ble Apex Court in the case of Assistant Commissioner of State Tax and others Vs. Commercial Steel Limited reported in 2021 SCC Online SC 884, I do not find any of the criteria in the present case for this Court to entertain the writ petition. 13. In fine, the Writ Petition stands dismissed. However, the petitioner is at liberty to file an appeal before the appropriate appellate Authority in the manner known to law. If the petitioner approaches the appellate authority, the period of pendency of this wr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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