TMI Blog2017 (3) TMI 1009X X X X Extracts X X X X X X X X Extracts X X X X ..... ve only come to a conclusion that the subject transactions were bogus, based on substantive material, and not that because objections were not filed by the petitioner, the assertions made in the pre-assessment notice would have to be deemed to be correct. Furthermore, if, material was available with respondent to come to the conclusion that the transaction were bogus, adequate opportunity had to b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of an equal amount has been levied on the petitioner. 3. A perusal of the impugned order, however, would show that it is pivoted on one singular fact, which is, that the end dealers i.e., the sellers, have not reported the sales transactions entered into between them and the petitioner. 4. I must indicate that though the learned counsel for the petitioner conceded that a pre-assessment noti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ltd., Vs. Assistant Commissioner (CT), Koyambedu Assessment Circle, Chennai 107 (2015) 82 VST 457. 5. Mr.Venkatesh, who appears for the respondent says, he cannot, but submit, that in view of the judgments rendered by this Court, the impugned order would have to be set aside and, perhaps, the assessment order, would have to be redone. 6. Having heard the learned counsels appearing for t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re, if, material was available with respondent to come to the conclusion that the transaction were bogus, adequate opportunity had to be given to the petitioner to meet the charge. The impugned order shows that there is no discussion on this aspect of the matter. The respondent i.e., Assessing Officer has merely proceeded to confirm the proposal on the ground that no objections were filed by the p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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