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The HC held that the impugned assessment was vitiated by breach of natural justice because the petitioner was not given an opportunity to show cause in respect of the impugned additions: the assessment did not record an unexplained bank credit under s.69A but instead treated payments for two immovable property purchases as unexplained, and an income addition under s.56(2)(x) was also not raised in the Show Cause Notice. Consequently, the HC set aside the assessment order, the demand notice and the penalty notices, and remanded the matter to the AO to issue a fresh show cause notice and thereafter proceed afresh to its logical conclusion.
The HC held that the impugned assessment was vitiated by breach of natural justice because the petitioner was not given an opportunity to show cause in respect of the impugned additions: the assessment did not record an unexplained bank credit under s.69A but instead treated payments for two immovable property purchases as unexplained, and an income addition under s.56(2)(x) was also not raised in the Show Cause Notice. Consequently, the HC set aside the assessment order, the demand notice and the penalty notices, and remanded the matter to the AO to issue a fresh show cause notice and thereafter proceed afresh to its logical conclusion.
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