TMI Blog2018 (9) TMI 1936X X X X Extracts X X X X X X X X Extracts X X X X ..... s a cardinal principle of law that if relevant materials and objections are produced before a quasi judicial authority, the quasi judicial authority is duty bound, under law to advert to consider the same, discuss them and then reject it by recording reasons. In the said cases, this principle has not been followed. AO has proceeded to pass the assessment orders on the basis of legal principle, but while doing so, has not discussed the show cause filed by the petitioners and the relevant documents which they had brought on record in their defence, including the valuation report. We see no reason to reject the claim made by the petitioners, on the contrary, we are satisfied that the order passed is in gross violation of the principles o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and while conducting scrutiny, the show cause notice was issued to the petitioners under Section 143(2) of the Act. The assessees appeared through their representatives on various dates and filed details of the bank accounts and various other documents along with a detailed show cause. Even though hearing took place from time to time, as is detailed in the order, a subsequent show cause notice and questionnaire was raised to the petitioners vide Annexure-5 on 21st December, 2017 and the petitioners again submitted a detailed reply and answer to the queries vide Annexure-6 on 26th of December, 2017 and much before that the petitioners had also brought on record a report on valuation of shares of Cachet Pharmaceuticals Private Limited given b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onsideration was made, there is no error in the order and, therefore, indulgence into the matter is not called for. 5. We have heard learned counsel for the parties at length and we find that the petitioners did submit a detailed reply to the show cause along with various documents, including a valuation report. Even though in the opening para of the order, the learned Assessing Officer refers to appearance of the authorized representative and advocate of the assessees, submission of various documents, like copies of Income tax return, details of bank accounts and other documents and also says that on various dates discussion took place, but in the entire order passed, he proceeds on the basis of various legal principles derived and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the judgment rendered by the Hon'ble Supreme Court way back in the year 1985 in the case of Anil Kumar v. Presiding Officer, AIR 1985 SC 1121, wherein it has been held by the Hon'ble Supreme Court that if relevant documents or material pointed out by a delinquent employee in defence of the charges levelled against him in a departmental enquiry are not adverted to by the enquiry officer, they are not discussed and the enquiry officer records a finding without taking note of the documents and the submissions, the finding of the enquiry officer is perverse based on his ipse dixit and in violation to the principles of natural justice. 8. Based on the aforesaid principle, in these cases also, we find that the Assessing Officer has pro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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