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2022 (1) TMI 428 - MADRAS HIGH COURTDemand order based on the information gathered by the Income Tax Department from the import-export data received from Central Board of Excise and Customs (CBEC) - No appropriate notice as is contemplated under Section 144B - HELD THAT:- Though according to the petitioner, the petitioner has received only a sum of ₹ 28,96,112/- as income from duty drawback before concluding that the petitioner had received a total duty drawback amounting to ₹ 1,03,73,667/- for the Assessment Year 2018-2019 (Financial Year 2017-2018), the petitioner should have been put to notice as it is the categorical stand of the petitioner that the petitioner has received an income of ₹ 28,96,112/- only as duty drawback on the export goods. Therefore, the impugned order is set aside and the case is remitted back to the respondents to pass a speaking order on merits and in accordance with law within a period of forty five days from the date of receipt of copy of this order. Since the matter is remitted back to the respondents, the respondents are directed to issue appropriate notice as is contemplated under Section 144B of the Income Tax Act, 1961 within a period of thirty days from the date of receipt of a copy of this order. The petitioner shall thereafter file a reply within a period of fifteen days from the date of receipt of the Show Cause Notice whichever is earlier.
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