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2015 (10) TMI 1572 - HC - VAT and Sales TaxShort payment of tax - omission to report purchases in the return vis-a-vis the books of accounts - Held that:- When there is no assessment order or notice issued, the impugned notice of demand of cash amount is wholly untenable and illegal in terms of Section 269 B of the Income Tax Act. Therefore, the impugned order is quashed - It is brought to the notice of this Court by the learned counsel appearing for the petitioner that one cheque amount has been utilized and amount of ₹ 16,00,000/- has been realized. However, the second cheque which appears to have been dishonoured for want of sufficient fund shall be returned to the petitioner. Since the petitioner is challenging the liability, he should be given notice of assessment followed by personal hearing and thereafter, the respondent shall proceed on merits to pass appropriate assessment order after complying with all the conditions after giving notice followed by personal hearing - Decided in favour of assessee.
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