2021 (5) TMI 197

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....ma, Advocates. Respondents Through: Mr. Zoheb Hossain, Senior Standing Counsel with Mr. Parth Semwal, Junior Standing Counsel. O R D E R [Court hearing convened via video-conferencing on account of COVID-19] CM APPL. No.14848/2021 1. Allowed, subject to just exceptions. W.P.(C) 4814/2021 and CM APPL. No.14847/2021 [Application filed on behalf of the petitioner seeking stay on the operation o....

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....ementioned show cause notice required time to gather the relevant material. This request was made on 08.03.2021. Since no response was received from the Assessing Officer (in short 'AO'), the petitioner, by way of abundant caution, filed a reply to the said show cause notice on 12.03.2021. Furthermore, in the reply, a request was made for grant of a personal hearing in the matter. (iii) The impu....

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...., on the other hand, says that the addition was made to the petitioner's declared income because of the dissonance between the audit report and balance sheet of the petitioner concerning unsecured loans pertaining to the financial year in issue, i.e., 2017-2018. 4.1 In this behalf, Mr. Hossain has drawn our attention to paragraph 5.1 of the impugned assessment order wherein, the unsecured loans, ....

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....no. DIN: ITBA/AST/F/143(3)(SCN)/2020-21/1031115346(1)dated 1/03/2021 and compliance date was 08/03/2021. Since there was no compliance from the assessee, it is presumed that the assessee has nothing to say in the matter and accordingly assessment order has been passed based on the details available on record." [Emphasis is ours] 5.1. Furthermore, as noticed above, although, a personal hearing wa....