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2020 (3) TMI 1116

..... n 15 days, however, till date the assessee neither submitted the explanation nor requested for more time to submit the explanation - main contention of the learned counsel for the petitioner is that the second respondent, without applying his mind independently, has issued the impugned notice relying on the report of the Assessment Officer, which is arbitrary and illegal and on this score alone, t .....

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..... espondents : Mr. D. Prabhu Mukund Arunkumar ORDER Challenging the notice dated 21.09.2016 issued by the 2nd respondent, the petitioner has come up with the present writ petition. In the impugned notice, it is stated that the Assessing Officer determined the unexplained cash purchase at ₹ 1,14,97,899/- based on the information received from the Customs Authorities and hence, the petitioner wa .....

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..... possible to go into the genuineness of the unaccounted purchase. Stating so, the second respondent sought to dismiss this writ petition. 3.The main contention of the learned counsel for the petitioner is that the second respondent, without applying his mind independently, has issued the impugned notice relying on the report of the Assessment Officer, which is arbitrary and illegal and on this scor .....

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..... sence of any independent enquiry by the Assessing Officer, the disallowance sought to be made under the Income Tax Act, by the Assessing Officer, on the basis of the show cause notice, issued under the Central Excise Act cannot be sustained. When the assessable income was arrived at by applying a percentage rate, as held by this Court in CIT Vs. S.Mohammad Dhurabudeen [Tax case (Appeal) No.885 of .....

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..... d that the petitioner may be permitted to file their objections afresh before the 2nd respondent, within a time frame to be stipulated by this Court. 6.Considering the facts and circumstances of the case and having regard to the submissions now made by the learned counsel on either side, this Court permits the petitioner to submit the necessary objections to the second respondent, within a period .....

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