2024 (2) TMI 1581

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....thilkumar Ramamoorthy For the Petitioner : Mr. K. Soundara rajan For the Respondents : Dr. B. Ramaswamy, Senior Standing Counsel ORDER The petitioner assails an assessment order dated 17.12.2022 on the ground of breach of principles of natural justice. 2. The petitioner states that she had filed the return of income for assessment year 2021-2022 on 24.08.2021 by disclosing the income earned f....

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....e order impugned herein was issued on 17.12.2022. 3. By referring to the show cause notice, learned counsel for the petitioner submits that the petitioner was provided barely seven days to respond thereto. He also points out that the petitioner was unwell at the relevant point of time by relying on the medical certificate dated 30.11.2022. On account of being denied a reasonable opportunity, lear....

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....le at internal page No.2 of the impugned order, learned senior standing counsel points out that about three notices were given prior to the show cause notice dated 22.11.2022. He also points out that in response to the notice under Section 142(1), only partial information was provided and that further information was only provided belatedly on 06.10.2022 in response to the notice dated 12.09.2022.....

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....sions to support the contention that the income from sale of property was only liable to capital gains and that it should not be treated as business income. For that reason, the impugned order calls for interference subject to putting the petitioner on terms. 6. Therefore, the impugned order is quashed and the matter is remanded for reconsideration subject to the payment of Rs.10,000/- (Rupees Te....