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2015 (1) TMI 1426 - HC - Income TaxReopening of assessment u/s 147 - unexplained share purchases - addition based on sworn statement of Mukesh Choksi [accommodation entry provider] - as alleged by assessee for non providing any fair and reasonable opportunity of being heard to the petitioner - denial of an opportunity of fair hearing by providing copy of the statement and related details regarding the alleged share amount - HELD THAT:- Without furnishing a copy of the statement stated to have been given by Mukesh Choksi and without notifying the petitioner regarding basis of the transaction that petitioner is said to have entered into with Mukesh Choksi, respondent has passed the impugned order. The entire basis for the impugned order is the sworn statement of Mukesh Choksi. Unless petitioner is given opportunity to have his say in the mater with regard to the said statement and its contents, it cannot be said that petitioner was given an opportunity of being heard in the matter. Hence, it has to be held that the impugned order is passed without providing any fair and reasonable opportunity of being heard to the petitioner. There was absence of fair and reasonable opportunity and such an assessment order could not be sustained and could be interfered with under Article 226 of the Constitution of India. See MR. ASHOK MITTAL VERSUS ASSISTANT COMMISSIONER OF INCOME-TAX AND ANOTHER [2014 (4) TMI 208 - DELHI HIGH COURT] - Decided in favour of assessee.
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