2024 (2) TMI 339

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....ification order at annexure A4 ; computation sheet at annexure A5 ; penalty order at annexure A6, computation sheet at annexure A7 ; demand notice at annexure A8 ; penalty order at annexure A9 ; computation sheet at annexure A10 ; demand notice at annexure A11 and the notice under section 148 of the Act at annexure B. 2. Sri S. Annamalai, learned counsel for the petitioner submits that notice was issued under section 142(1) at annexure J1 for the assessment year 2017-18 on March 10, 2022 with an opportunity for filing response on or before March 14, 2022 by 1:29 p.m. It is submitted that time prescribed is in violation of the standard operating procedure (SOP) dated November 19, 2010 at annexure T. It is submitted that as the petitioner ....

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....d non-compliant to the notices dated March 30, 2021 and December 27, 2021. But, in response to the notices dated December 27, 2021 the assessee replied on February 22, 2022 much beyond the date of compliance. The assessee has furnished and has submitted that the assessee is a Hindustan Petroleum dealer. Every day the sales value is calculated on the basis of meter reading in each pump and dip rod in each storage tank. All the sales made is entered for each products by only one entry daily and is credited to the sundry customers account. With reference to the sources of cash deposits, the assessee has submitted that the cash deposits during demonetization were out of cash collected from such sales is taken into cash book as....

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....edits sales, bills and vouchers, etc., in sup port of the cash deposits made by the assessee. Despite giving ample opportunity of being heard, and asking the questions specifically, the assessee failed to provide the information as desired. Hence, in the absence of satisfactory evidence/concrete proof relating to nature and sources of fund, it is clear that the asses see has nothing to say in this regard." 5. Heard both sides. 6. What is of relevance is the validity of the notice at annexure J1. Though there may have been some lapse on the part of the petitioner at the earlier stages, the court is required to see as to whether the notice at annexure J1 is in order. If it were not to be so, consequential proceedings would go a....