2021 (10) TMI 921

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....itiated penalty proceedings under Section 27AA(1) of the Act. 2. The very first notice under Section 142(1) of the Act was issued on 15/01/2020 calling upon Petitioner to provide evidence / information with regard to 17 items mentioned in the said notice. Petitioner gave its reply on 20/01/2020. A fresh notice was issued on 07/02/2020 under Section 142(1) of the Act to which Petitioner responded by its letter dated 14/02/2020 seeking an adjournment of 10 days. Petitioner thereafter, by its letter dated 23/03/2021, gave the details as sought for earlier by Respondent. Petitioner's case was thereafter transferred to the Faceless Scheme and the first notice under the Faceless Scheme was issued on 24/03/2021 calling upon Petitioner to furnis....

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....ss of these freshly introduced loans', in paragraph 3, it says 'you are requested to please give details as under : ', in paragraph 4, it says 'you are requested to provide copy of ITR, PAN, computation of income from whom unsecured loan has been taken by you during the year under consideration.' Some of the parties from whom Petitioner was called to collect and provide documents are based either at Delhi or at Kolkata. Therefore, by no stretch of imagination, this document can be called a draft Assessment Order. Moreover, Respondent expects Petitioner to show some superhuman efforts inasmuch as for the notice which is dated 20/04/2021 and digitally signed only at 16.00 hrs. of 20/04/2021, the Respondent wants Petitioner to respond and prov....

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....d passes the Assessment order making addition with regard to a party who was not even referred to in any of the show-cause notices. Mr. Gandhi stated that a party viz; Kredener Multi-Trading Ltd. referred to in paragraph 7(ii) is not referred to in any of the show-cause notices and therefore Petitioner was not given an opportunity even to make submissions or provide details. Mr. Sharma, in fairness agreed because it is there for everybody to see. Further, under the Faceless Scheme, Section 144B of the Act provides for providing a draft Assessment Order if the Respondent was going to make any variation prejudicial to the interest of the assessee by serving a notice calling upon him to show-cause as to why the proposed variation should not be....