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2023 (3) TMI 370 - HC - Income TaxMisalignment between the show cause notice and the assessment order - assessable value of imports is recorded in assessment order almost ten (10) times the figure which was recorded in the show cause notice - HELD THAT:- According to us, the following aspects come to the fore. (i) First, as to the amount which remains unexplained according to the respondents/revenue; is it the amount which was mentioned in the show cause notice dated 14.03.2022 or the amount which is now part of the impugned assessment order. (ii) Second, as to whether or not the correct amount has been offered for tax, as contended by the petitioner. (iii) Third, as to whether the partnership firm, which runs under the name and style as the proprietorship concern, in fact, stood dissolved on 31.07.1999, as claimed by the petitioner. Given this position, we dispose of the writ petition giving leave to the petitioner to approach the AO for correction/rectification of the impugned assessment order. For this purpose, three (3) weeks are granted to the petitioner.AO, if approached, will pass a suitable order. Once the AO receives the representation/application in that behalf, he will pass a speaking order within the next eight (8) weeks. AO will also accord personal hearing to the petitioner and/or his authorized representative. For this purpose, the AO will ensure that a notice is issued to the petitioner which would indicate the date and time of the hearing.
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