2023 (3) TMI 893

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....ddy (Jr. SC For Income Tax), Gadi Praveen Kumar (Dy. Solicitor General Of India) ORDER: (PER THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN) Heard Mr. G.Narendra Chetty, learned counsel for the petitioner and Ms. B.Sapna Reddy, learned counsel for the 1st respondent. We have also heard Mr. G.Praveen Kumar, learned Deputy Solicitor General of India for the 2nd respondent. 2. This writ petition has....

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....how cause notice was e-mailed to the petitioner, to which petitioner sought for time to file reply on 18.11.2021. 4. It is contended by learned counsel for the petitioner that after 18.11.2021, petitioner did not receive any intimation from the 1st respondent including notice for personal hearing. Ultimately the impugned order was passed which has been impugned in the writ petition on the ground ....

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.... requested for time to reply with the relevant documents vide their letter dated 18.11.2021. However, they have not submitted any documentary evidence relevant to the instant case. The personal hearing intimation sent to the service provider was returned undelivered by the postal authorities. Hence, the adjudication has been taken up on the basis of data/documents available on record." 7. Admitt....

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....et aside. (ii) Though we have set aside the order-in-original dated 02.11.2022, the same shall now be construed to be the show cause notice. (iii) Petitioner shall file reply thereto within a period of four (04) weeks from today. (iv) Once reply is submitted by the petitioner as above, respondent No.1 may proceed afresh and thereafter pass fresh order in accordance with law after giving d....