9911796707
TMI Blog2019 (12) TMI 82X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 the time the return of income filed, the respondent proceeded to issue a notice dated 07.06.2019 under Section 144(1) of the Income Tax Act, 1961. In the said notice, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng 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 Rs. 15,69,000/- and that the issue regarding an addition on account of business income was not the issue referred to in the show cause notice at all. Therefore, he contended that without issuing any show cause notice on the other issue namely addition on account of business income, the Assessing Officer pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3,65,935/- 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 account of business income. Therefore, it is contended that the Assessing Officer is not justified in passing the order of assessment in respect of the other issue as well, without issuing any notice to the petitioner. 8. I find force in the above contention of the petitioner, going by the show cause notice dated 07.06.2019 as wel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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) On receipt of such reply, the Assessing Officer shall pass fresh order of assessment on merits and in accordance with law, as this Court is not expressing any view on the merits of the assessment in respect of both the issues, since it is for the Assessing Officer to consider and decide. (c) The whole exercise shall be done by the Assessing Officer within a period of eight weeks from the date of receipt of the reply. (d) The Assessing Officer shall af ..... X X X X Extracts X X X X X X X X Extracts X X X X
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