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2011 (12) TMI 361 - RAJASTHAN HIGH COURTReassessment - Reference to DVO - principles of natural justice - the difference amount of Rs. 78,99,152 vide Annex. 6 (Rs. 1,17,92,000 - Rs. 38,92,848) as undisclosed income under s. 69B of the Act of 1961, the assessing authority initiated the impugned reassessment proceedings - The assessee instead of filing his reply on merits or raising his objections against the assessment under s. 69B of the Act, filed the present writ petition - show-cause notices were issued to the respondent-assessing authority by a Co-ordinate Bench of this Court on 29th Nov., 2010, however, no stay was granted to the assessee petitioner against the impugned reassessment proceedings and accordingly when on 29th Nov., 2010, the assessee did not file his reply or objections on merits of his contentions, the assessing authority passed the impugned assessment order after about 28 days on 27th Dec., 2010 - in the absence of any stay order granted by this Court, the assessing authority could very well pass the assessment order on the given date or on any subsequent date - Writ petition challenging reassessment declined - however stay granted subject to pre deposit of 25% to pursue the matter before CIT(A).
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