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2022 (3) TMI 532 - GUJARAT HIGH COURTAssessment u/s 144B - Addition u/s 68 - whether the Assessing Officer committed any error in passing the impugned assessment order? - HELD THAT:- The assessee in his own way has disclosed the source of this particular amount. He is said to have borrowed the amount from the various individuals over a period of time. The source includes the HUF of the assessee's father, loan from his mother, loan from his wife, loan from his friends and relatives, loan from his company etc. In the impugned assessment order also, the Assessing Officer has observed that the assessees seems to have taken unsecured loan from various persons. We do not find anything in the assessment order as to on what basis the Assessing Officer has doubted all such transactions of loan. We are saying so because prima facie, it appears that no inquiry has been undertaken by the Assessing Officer to verify the genuineness of the source. If an inquiry would have been undertaken and if the lenders would have been confronted about such loan transactions, then probably the picture would have been more clear. Over and above the aforesaid infirmity in the impugned assessment order, there is one another good ground on which we are inclined to quash the impugned assessment order. Once a request is made by the assessee before the Assessing Officer to give him an opportunity of hearing having regard to the fact that the assessment is high-pitch assessment, then ordinarily such an opportunity should be given so that the assessee may not get a chance to redress the grievance before the higher forum that he was not given adequate opportunity of hearing. It would all depend on the nature of the issues involved in the matter. It is not necessary that in each and every case, the Assessing Officer has to provide personal hearing. Ultimately, it is the discretion of the Assessing Officer that should be exercised judiciously. In the over all view of the matter, we have reached to the conclusion that we should quash the impugned assessment order so as to give one opportunity to the writ applicant to put forward his case before the authority concerned in a proper manner and to his satisfaction.
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