2021 (6) TMI 1109

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....ns, which are relevant for the disposal of the writ petition: - "2. Mr. V. Lakshmikumaran, who appears for the petitioner, says that there has been a breach of the principles of natural justice, and therefore, the impugned assessment order deserves to be quashed. In this behalf, Mr. Lakshmikumaran has alluded to the following dates and events: (i) Show cause notice was issued to the petitioner on 01.03.2021, along with the draft assessment order of even date. As per the said show cause notice, the petitioner was required to file a response by 08.03.2021, as to why the assessment should not be completed as per the draft assessment order. (ii) The petitioner sought a week's accommodation to respond, as the queries r....

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....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, as per the audit report, are shown as Rs. 11,55,35,000/-, while unsecured loans in the balance sheet, are shown as Rs. 5,33,18,001/- in respect of the financial year in issue, i.e., 2017-2018. 5. Be that as it may, it is quite evident that the AO has not taken into account the explanation and the material placed before him by the petitioner, along with its reply dated 12.03.2021. This aspect is brought to fore, if one were to peruse paragraph 4 of the impugned assessment order. For the sake of convenience, the same is extracted hereinafter: "4. Before finalizing the as....

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...."19. That without prejudice to the above contentions, it is submitted that, if this Hon'ble Court is of the view that the assessee's reply/submission dated 12.03.2021 should nevertheless be considered, then this Hon'ble Court may remand the matter to the assessing officer for consideration of the reply submitted on 12.03.2021 and the assessment may be directed to be completed in a time bound manner as considered appropriate by this Hon'ble Court, in the interest of justice." 3. Having regard to the aforementioned assertion made in the counter-affidavit, filed on behalf of the respondent/revenue, we had put to Mr. V. Lakshmikumaran, who appears for the petitioner, as to whether it would suffice if we were to set aside the impugned order, ....