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2023 (8) TMI 1076 - KARNATAKA HIGH COURTPenalty order u/s 270A - Non affording mandatory hearing in terms of the legal requirements under Section 274(1) - assessment order passed u/s 143(3) r.w.s. 153C - HELD THAT:- It is pointed out that for the purpose of initiating proceedings, there must be recovery of incriminatory material without which recourse cannot be had to Section 153C of the Act and that the only option available under such circumstance would be to proceed for reassessment under Sections 147 to 148 of the Act. Admittedly, there has been violation of principles of natural justice. Accordingly, case is made out for remanding the matter for fresh consideration while directing the Authority to embark upon reconsideration including the contentions raised regarding Section 153C of the Act with reference to the law laid down by the Apex Court in the case of Abhisar Buildwell [2023 (5) TMI 587 - SUPREME COURT] The penalty order and the assessment order are set aside. The Authority to reconsider the matter in light of the discussion made above.
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