TMI Blog2021 (8) TMI 441X X X X Extracts X X X X X X X X Extracts X X X X ..... as on 31st March 2018 to which is annexed the balance sheet and one of the liabilities mentioned is loan - We feel if a personal hearing had been granted, petitioner could have cleared this doubt of the assessing officer. In the circumstances, we hereby set aside the impugned order and remand the matter back to the adjudicating authority, who shall after giving a personal hearing to petitioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Demand issued under Section 156 of the Act. Petitioner is also seeking writ in the nature of mandamus and prohibition. 3. The primary grievance of petitioner is that in the reply to the show cause notice, petitioner had sought personal hearing which was not granted. But the order impugned has been passed. Counsel states that in the order impugned there is not even a whisper as to why respon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 68 of the Income Tax Act 1961. Petitioner replied vide his Chartered Accountant s letter dated 27th February 2021. After considering the said reply, Respondent No. 1 issued a fresh draft assessment order dated 10th March 2021 where the amount of ₹ 8,75,85,918/- to be assessed under Section 68 of the Income Tax Act, 1961 was revised to ₹ 2,51,60,162/- under Section 69 of the Income ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hstanding this offer of Respondent No.1 to grant personal hearing and request of petitioner seeking personal hearing, Respondent No.1 without granting personal hearing proceeded to pass its assessment order dated 19th April 2021, assessing the return income as ₹ 3,07,81,372/-. One of the grounds for arriving at that conclusion by Respondent No. 1 is that the assessee, i.e., petitioner is cla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the adjudicating authority, who shall after giving a personal hearing to petitioner, within six weeks from the date of receipt of the order, pass such orders as he deems fit in accordance with law. Petitioner is at liberty to forward a copy of this order through the e-filing process and also by hand delivery/speed post/courier/e-mail. We hasten to add that we have not made any observation on th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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