TMI Blog2022 (6) TMI 694X X X X Extracts X X X X X X X X Extracts X X X X ..... g officer that the entire information pertaining to the search and seizure of the portion of Wadhwa Group cannot be furnished to the assessee. AO may be justified in coming to such conclusion. Nevertheless, if a portion of the information obtained from Wadhwa Group or certain findings rendered by the Settlement Commission concerning the assessee, that portion of the information ought to have been furnished. Nonfurnishing of such information which is relevant information would render the proceedings in violation of principles of natural justice. We agree with the findings of the learned Single Judge that the court cannot decide the correctness of the decision of the assessing officer but would be well-justified in examining as to whether there is any error in the decision making process. We have no hesitation to hold that there has been gross violation of principles of natural justice in the decision making process rendering the entire proceedings to be not sustainable. Therefore, we are inclined to interfere with the order passed by the assessing officer. For all the above reasons, the appeal is allowed and the order passed in the writ petition is set aside.We make it clea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of the decision furnished by the assessing officer and can only go into the decision making process and, accordingly, the writ petition stood dismissed making it clear that the dismissal of the writ petition will not prevent the appellant to avail the statutory and alternative remedy by way of appeal in accordance with law. Aggrieved by such order, the appellant is before us by way of this appeal. We have elaborately heard Mr. Abhratosh Majumdar, learned senior standing counsel assisted by Ms. Swapna Das, learned advocate, Mr. Pratyush Jhunjhunwala, learned advocate and Mr. Siddhartha Das, learned advocate appearing for the appellant and Mr. Smarajit Roy Chowdhury, learned standing counsel assisted by Mr. Soumen Bhattacharyya, learned counsel appearing for the respondent. Firstly, we would note that the learned writ court while holding that there is no procedural illegality or infirmity in the reassessment proceedings, has not assigned any reasons to substantiate such conclusion. Therefore, we will be justified in holding that such conclusion arrived at by the learned writ court without assigning any reason is not tenable. The core issue in the instant appeal is whether ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ening proceedings by the assessee touching the merits of the matter as well as pointing out the legal principle were all without prejudice to the request made by the assessee to provide the details and documents. The assessing officer thereafter issued notice under Section 142(1) of the Act dated 2nd January, 2022. In response to such notice, initially the assessee sought for an adjournment by letter dated 10th January, 2022 on the ground that partial lock down was enforced in the State of West Bengal. After about three days by reply dated 14th January, 2022 the assessee has placed its response to the notice issued under Section 142(1) of the Act dated 2nd January, 2022. We note that the said objection is also a very elaborate objection. In the said objection/reply the assessee has reiterated its earlier stand taken in its objection dated 21st December, 2021. Once again the assessee has reiterated that the information sought for by them has not been provided till date and based on mere allegations, the reassessment proceedings cannot be commenced. The assessee once again requested the assessing officer not to take any adverse view without providing the adverse finding/material i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t under Section 147 read with 144B of the Act vide order dated 31st March, 2022. In the said order for the first time the assessing officer refers to the proceedings initiated by Wadhwa Group before the Income Tax Settlement Commission and would mention that the concerned persons of the Wadhwa Group though did not at the first instance before the commission disclose the names and details of the persons who had lent monies to them during the course of hearing, had mentioned the names of the persons who had lent monies and to whom they had paid interest and, according to the assessing officer, the name of the assessee also featured in the said submission made by Wadhwa Group before Settlement Commission and, this in the opinion of the assessing officer would be sufficient to hold that the transactions had taken place between the assessee and the Wadhwa Group. On reading of the assessment order, more particularly paragraphs 3 and 5 therein, we find that the assessing officer has concluded the assessment proceedings solely based upon the information which was available before the commission stated to have been furnished by Wadhwa Group. Admittedly, the assessee was not a party to the p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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