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2020 (10) TMI 754 - HC - Income TaxDeposits in bank account under the wrong PAN that showed the petitioner as a company - Petitioner firm issued with the PAN showing its status as a company - Department refuses to accept an appeal which is filed in the PAN of the petitioner which shows its status as a firm, whereas the PAN recorded in the system of the Department, based on the orders of the assessing authority, shows the petitioner as a company - HELD THAT:- This is a case where the basic issue that comes up for consideration is as to whether the petitioner firm had correctly accounted for the deposits made in its account. AO in Ext.P6 order states that the claims made by the petitioner could not be accepted in view of the same not being substantiated with proper evidence and due to paucity of time. While it may be a fact that the assessing authority was limited by time constraints, in view of the statutory provisions mandating the completion of assessments within a particular time, the same cannot be cited as a reason for abdicating his role as an adjudicating authority in tax assessment. Assessee cannot be prejudiced on account of the delay occasioned by the department in passing assessment orders, and the hasty manner in which an assessment order is passed without considering the material produced by an assessee, cannot be justified on the ground that the time limit for finalising assessment was nearing expiry. As a proper consideration of the materials produced by the petitioner assessee in Ext.P6 order, I quash Ext.P6 order and direct the respondent to redo the assessment in relation to the petitioner by considering the materials produced by the petitioner to justify his contentions on merit, and referring to the said material while passing final orders of assessment for the assessment year in question.
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