9911796707
TMI Blog2019 (7) TMI 275X X X X Extracts X X X X X X X X Extracts X X X X ..... submitted that the petitioner was issued a summons on 03.12.2018 under Section 19(1)(b) of the Benami Act, to which the petitioner had submitted his reply. Thereafter, there were exchanges of communications by both sides seeking certain documents, which were replied. The provisional attachment order was passed under Section 24(3) of the Benami Act on 20.03.2019 and show cause notice under Section 24(1) was issued to one Mr.Yogeshmumar More and copy was furnished to the petitioner according to the provisions of Section 24(2) of the Benami Act. The petitioner was asked to submit explanation. The petitioner sought adjournment for some period which was granted. The petitioner also requested for copies of certain statements recorded under Sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the objections raised by the petitioner are required to be dealt with before pronouncing the final order. 3. Having considered the submissions of the learned Advocate for the petitioner and having perused documents on record, it appears that the petitioner had filed return on 07.11.2017 declaring income of Rs. 6,30,050/-. The assessment order under Section 143(3) read with Section 153-A of the Income Tax Act was passed on 31.12.2018, where the Assessing Officer was pleased to make addition of Rs. 5,51,74,772/-. One particular transaction involving M/s.Raj Enterprise (Proprietor Yogesh More) was scrutinized and it was found that the transaction involved deposit of old high demonetized notes. The Department had reason to believe that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... how cause notice. 5. The Court has perused the contents of the reply to the show cause notice where the petitioner has sought for statements of various persons, affidavits and evidences from other means. It can be gathered that under the communications entered previous to the reply, the petitioner was supplied certain documents in the form of statements and /or affidavits. However, in the reply to the show cause, the petitioner had specifically mentioned that the petitioner is not provided full copies of the statements of various persons, affidavits and evidences, which is in violation of principles of natural justice. The remaining part of the reply dated 18.04.2019 is narrating case of the petitioner on merits and raising his defences. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere the assessee had filed a writ petition challenging validity of notices issued under Sections 148 and 143(2) of the Income Tax Act and it was held that when the notice under Section 148 of the Income Tax Act is issued, the proper course of action for the noticee is to file return and if he so desires, to seek reasons for issuing of notice. The Assessing Officer is then bound to furnish reasons and on receipt of such reasons, the noticee is entitled to file objections to issuance of notice and the Assessing Officer is bound to dispose of the same by passing a speaking order. This contention and reliance upon the judgment of the Apex Court is made by contending that Section 24(1) of the Benami Act and Section 147 of the Income Tax Act are ..... X X X X Extracts X X X X X X X X Extracts X X X X
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