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2020 (1) TMI 1178

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..... d a notice under Section 143(2) dated 21.09.2018 of the Income Tax Act and notice under Section 142(1) dated 21.08.2019 was issued and called on the petitioner to furnish documents. Thereafter, another notice dated 11.11.2019 was issued to the petitioner to furnish the details. The notice also fixed a hearing on 18.11.2019 at 11.00AM. Since, the petitioner failed to furnish the details called for, the petitioner was issued with another notice dated 29.11.2019 which was sent through internet on 29.11.2019 proposing to complete the assessment under Section 144 of the Income Tax Act. 3. The petitioner in partial compliance of notice issued under Section 142(1) filed a reply on 13.12.2019 which was received by the respondent officers. Pursuant .....

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..... up with various deadlines fixed under Section 142(1) of the notice dated 21.08.2019 and after repeated reminders show cause notice was sent for completing the assessment by invoking the best judgment under Section 144 of the Act. The petitioner furnished only partial information on 13.12.2019 and therefore a fresh notice was issued on 18.12.2019 asking the petitioner to comply with the requirement under the Format given therein. 7. The learned counsel for the respondent would submit that no leniency should be shown to the petitioner, as the petitioner being the Cooperative Bank ought to have furnished the particulars called for. Since, the petitioner failed to do so, no interference is required and the petitioner had an alternative remedy .....

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..... deadlines fixed by the respondent, nevertheless the petitioner had furnished the details required by uploading the same in the official website of the respondent on 24.12.2019 at 10.45am. Therefore, even if the impugned order is quashed no prejudice or harm would be caused to the respondent. Further, the impugned order had not been signed by the respondent, when the information was uploaded by the petitioner. 13. Therefore, I am of the considered view, the impugned order passed in a hurried manner is unsustainable is liable to be quashed. 14. In the light of the above discussion, the impugned order dated 24.12.2019 passed by the respondent is hereby set aside and the case is remitted back to the respondent to pass a fresh speaking order w .....

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