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2022 (2) TMI 285 - HC - Income TaxAssessment u/s 143(3) read with Section 144B - Request of adjournment rejected - no fair opportunity to the petitioner to file reply - HELD THAT:- As notice under Section 142(1) of the Income Tax Act, 1961 has been issued to the erstwhile defunct firm, namely, Anand Cine Services, it is based on the PAN, no serious objections can be raised as far as the issue of notice in the name of erstwhile defunct firm is concerned inasmuch as the assets and liabilities of the said defunct firm were taken over by the petitioner. As the copy of the documents to assess the income would require for the detailed consideration by the Assessing Authority, reply ought to have been filed by the petitioner in response to the Show Cause Notice dated 21.09.2021 by 24.09.2021. Since the time granted for reply by 24.09.2021 has expired, the impugned order has been passed. Assessment Order was passed without giving a fair opportunity to the petitioner to file reply, the impugned Assessment Order dated 27.09.2021 is liable to be quashed and the case is liable to be remitted back to the first respondent for passing a fresh order, within a period of sixty (60) days from the date of receipt of a copy of this order. Needless to state, before passing such order, the petitioner shall be heard through Video Conferencing. Liberty is therefore given to the petitioner to file reply within a period of thirty (30) days from the date of receipt of a copy of this order. The petitioner is also entitled to file suitable applications / representations along with the relevant documents which may be considered by the respondent in accordance with provisions of the Income Tax Act, 1961 and the Income Tax Rules, 1962 before passing order.
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