Petitioner granted extension to challenge cash purchase determination, Assessing Officer to review independently. The High Court allowed the petitioner to file fresh objections within two weeks challenging the notice of unexplained cash purchase determination. The ...
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Petitioner granted extension to challenge cash purchase determination, Assessing Officer to review independently.
The High Court allowed the petitioner to file fresh objections within two weeks challenging the notice of unexplained cash purchase determination. The Assessing Officer was directed to review the objections independently, provide a personal hearing to the petitioner within four weeks, and make orders accordingly. The Court disposed of the writ petition without costs.
Issues: Challenging notice of unexplained cash purchase determination based on Customs Authorities' information, lack of independent inquiry by Assessing Officer, legality of notice issuance without independent application of mind.
In the present case, the petitioner challenged a notice issued by the 2nd respondent regarding unexplained cash purchases, amounting to Rs. 1,14,97,899, based on information from Customs Authorities. The petitioner contended that the Assessing Officer did not conduct an independent inquiry and relied solely on the report, deeming the notice arbitrary and illegal. Citing a previous court decision, the petitioner argued that such notices without independent assessment are unsustainable. The respondent, however, assured that if the petitioner submits objections, they would be duly considered, and orders passed independently and in accordance with the law.
The High Court, after considering the arguments on both sides, permitted the petitioner to file fresh objections within two weeks. Upon receipt, the 2nd respondent was directed to review the objections, pass orders independently, and provide a personal hearing to the petitioner within four weeks. The Court disposed of the writ petition accordingly, with no costs incurred.
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