TMI Blog2019 (12) TMI 82X X X X Extracts X X X X X X X X Extracts X X X X ..... de in the Current Account. In any event insofar as the second issue, namely an addition on account of business income, is concerned, admittedly, the assessment made on such issue was not preceded by any show cause notice. Therefore, this Court is of the view that it is better the matter is remitted back to the Assessing Officer for redoing the assessment once again, after getting a reply from the petitioner in respect of both the issues, apart from the belated return filed already. Since this Court has remitted the matter back to the AO for redoing the assessment once again on both the issues also by directing the petitioner to file the reply to both the issues, a fresh show cause notice need not be issued to the petitioner in respect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... idered and decided based on the materials available before this Court as on this day, without filing a counter by the respondent, this writ petition itself is taken up for final disposal and decided as hereunder. 2. The case of the petitioner is as follows :- The petitioner is engaged in the business of wholesale and retail sale of veterinary medicines as a partnership firm. In respect of the Assessment Year 2017-18, the income-tax returns were not filed in time due to certain disputes/differences between the partners. The respondent issued a notice dated 14.02.2018 under Section 142(1) of the Income Tax Act, 1961 calling upon the petitioner to file the return of income for the Assessment Year 2017-18. By t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssued any notice calling for explanations nor affording an opportunity of hearing to the petitioner. Therefore, the present writ petition is filed. 3. The learned counsel appearing for the petitioner after inviting this Court's attention to the notice issued under Section 142(1) of the Income Tax Act dated 14.02.2018 followed by the show cause notice dated 07.06.2019, submitted that the only issue for which the Assessing Officer has chosen to call upon the petitioner to show cause, was with regard to the deposits made in the petitioner's Bank account during the demonetization period in respect of a sum of ₹ 15,69,000/- and that the issue regarding an addition on account of business income was not the issue ref ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d was ₹ 3,35,340/- which is 0.80% only and thus, very low when compared to normal/reasonable income that will be generated in the similar line of business. Therefore, the Assessing Officer remitted the business income of the assessee-firm at 8% of Turn Over of ₹ 4,20,74,190/- which works out to ₹ 33,65,935/- and added the same to the income of the assessee-firm under the head business income. 7. The grievance of the petitioner before this Court is that though, a show cause notice was issued by the Assessing Officer in respect of the first issue namely the cash deposit in the Current Account during the demonetization period, no show cause notice was issued in respect of the other issue viz., an addition on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Since this Court has remitted the matter back to the Assessing Officer for redoing the assessment once again on both the issues also by directing the petitioner to file the reply to both the issues, a fresh show cause notice need not be issued to the petitioner in respect of the second issue viz., an addition on account of business income. Accordingly, this writ petition is allowed and the impugned assessment order is set aside. Consequently, the matter is remitted back to the Assessing Officer to redo the assessment on the following terms :- (a) The petitioner shall file their reply within a period of two weeks from the date of receipt of a copy of this order in respect of both issues. (b) ..... X X X X Extracts X X X X X X X X Extracts X X X X
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