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1973 (7) TMI 17 - HC - Income TaxPetitioner was assessed by the respondent, the Income-tax Officer, under section 144 of the Income-tax Act, 1961, fixing his total income to the best of judgment - Whether the assessee should be given an opportunity to explain the material gathered by the Income-tax Officer in an ex-parte assessment – validity of assessment - It is clear from the above provision that before the amount of the undisclosed investment is included in the total income of an assessee, he is entitled to an opportunity to explain it. The petitioner's case attracts the application of section 69 of the Act. The Income-tax Officer was, therefore, bound to give an opportunity to the petitioner to explain about the nature and source of his investment before that was treated as his income. I quash the impugned order of assessment, and remit the case to the respondent for being disposed of according to law
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