2024 (6) TMI 692

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....he Constitution of India, the petitioner has prayed for quashing and setting aside the Assessment Order dated 20.02.2024 along with the Demand Notice only on the ground that the detailed reply filed by the petitioner is not considered while passing the impugned Assessment Order though the petitioner has tendered the same before the Assessment Order is issued. 2. The brief facts of the case are as under: 2.1 The petitioner filed return of income for the year under consideration on 30.08.2018 declaring total income at Rs.7,12,310/-. 2.2 The respondent issued notice dated 18.11.2022 under Section 148 of the Income Tax Act, 1961 ['the Act', for short] for the year under consideration. 2.3 The petitioner filed return of income in res....

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....ice dated 13.02.2024 was issued to show cause as to why alleged unaccounted cash receipts of Rs.1,00,00,500/- and alleged unaccounted cash payments of Rs.1,51,87,000/- should not be added in the total income for the year under consideration. 2.8 The petitioner was granted time till 16.02.2024, 11:00 am to furnish reply to the said notice. 2.9 The petitioner on 14.02.2024 made an online request for a short adjournment upto 23.02.2024 for furnishing reply to the show cause notice since petitioner was in the course of gathering relevant material. 2.10 On 23.02.2024 the petitioner sent letter through email and also filed physical reply on 23.02.2024 furnishing detailed response to the show cause notice issued by the respondent for the ....

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....e the petitioner - assessee has tendered the reply to the Show Cause Notice on 23.02.2024, it was incumbent upon the respondent - Assessing Officer to consider such reply and thereafter to pass the Assessment Order dealing with the objections raised by the assessee with regard to additions proposed in the show cause notice, otherwise issuance of show cause notice prior to framing the assessment along with the draft assessment order would be futile exercise contrary to provisions of Section 144B of the Income Tax Act, 1961. 6. In view of above, the explanation given by the Assessing Officer that the draft assessment order was already sent for approval and, therefore, reply dated 23.02.2024 tendered by the assessee was not reflected in the....