2024 (5) TMI 351

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....the consent of the parties, the present petition is taken up for hearing. 4. The petitioner has filed the present petition impugning the assessment order dated 27.03.2024 (hereafter the impugned assessment order) passed under Section 143(3) read with Section 144B of the Income Tax Act, 1961 (hereafter the Act). Additionally, the petitioner also impugns the demand raised under Section 156 of the Act pursuant to the impugned assessment order in respect of Assessment Year 2022-23 (hereafter the impugned Assessment Year). 5. Mr. Kapoor, learned counsel appearing for the petitioner has confined the challenge in the present petition solely on the ground that the petitioner had not been provided sufficient opportunity to be heard. 6. The petiti....

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....requested for an opportunity to prepare the factual / legal submission and representing the matter through video conferencing / personal hearing. The relevant extract of the said response reads as under: "The Assessee wishes to humbly and respectfully mention that show cause notice dated March 05, 2024 has been issued by your goodself, seeking information/documents by March 09, 2024. Your goodself would appreciate that only 3 working days-time have been provided to the Assessee to collate and furnish the details (comprises of voluminous workings/documents) on large amount of transactions. However, in order to duly cooperate with the tax authorities, the Assessee is furnishing, vide this submission maximum information at our end to demonst....

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.... (6)(vii) and 144B (6)(viii) of the Act. The same are reproduced below: "(vii) in a case where a variation is proposed in the income or loss determination proposal or the draft order, and an opportunity is provided to the assessee by serving a notice calling upon him to show cause as to why the assessment should not be completed as per such income or loss determination proposal, the assessee or his authorized representative, as the case may be, may request for personal hearing so as to make his oral submissions or present his case before the income-tax authority of the relevant unit; (viii) where the request for personal hearing has been received, the income-tax authority of relevant unit shall allow such hearing, through National Face....