TMI Blog2021 (10) TMI 921X X X X Extracts X X X X X X X X Extracts X X X X ..... n 27AA(1) of the Act. 2. The very first notice under Section 142(1) of the Act was issued on 15/01/2020 calling upon Petitioner to provide evidence / information with regard to 17 items mentioned in the said notice. Petitioner gave its reply on 20/01/2020. A fresh notice was issued on 07/02/2020 under Section 142(1) of the Act to which Petitioner responded by its letter dated 14/02/2020 seeking an adjournment of 10 days. Petitioner thereafter, by its letter dated 23/03/2021, gave the details as sought for earlier by Respondent. Petitioner's case was thereafter transferred to the Faceless Scheme and the first notice under the Faceless Scheme was issued on 24/03/2021 calling upon Petitioner to furnish on or before 11.26 hrs. of 30/03/2021 th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... paragraph 3, it says 'you are requested to please give details as under : ', in paragraph 4, it says 'you are requested to provide copy of ITR, PAN, computation of income from whom unsecured loan has been taken by you during the year under consideration.' Some of the parties from whom Petitioner was called to collect and provide documents are based either at Delhi or at Kolkata. Therefore, by no stretch of imagination, this document can be called a draft Assessment Order. Moreover, Respondent expects Petitioner to show some superhuman efforts inasmuch as for the notice which is dated 20/04/2021 and digitally signed only at 16.00 hrs. of 20/04/2021, the Respondent wants Petitioner to respond and provide all details by 23.59 hrs. of 21/04/202 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rd to a party who was not even referred to in any of the show-cause notices. Mr. Gandhi stated that a party viz; Kredener Multi-Trading Ltd. referred to in paragraph 7(ii) is not referred to in any of the show-cause notices and therefore Petitioner was not given an opportunity even to make submissions or provide details. Mr. Sharma, in fairness agreed because it is there for everybody to see. Further, under the Faceless Scheme, Section 144B of the Act provides for providing a draft Assessment Order if the Respondent was going to make any variation prejudicial to the interest of the assessee by serving a notice calling upon him to show-cause as to why the proposed variation should not be made. Such an opportunity has not been granted to Peti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... espondent may take such further steps as advised in accordance with law. 9. In the facts and circumstances of this particular case, Respondent shall issue a draft of the Assessment Order to Petitioner and give an opportunity to Petitioner to file its objections along with documentary evidence and thereafter pass such order as it deems fit by also giving a personal hearing as per rules, to Petitioner. Since Petitioner has requested Respondent to issue summons to the third party lenders, Petitioner shall, within 2 weeks, provide the details of all those lenders once again along with PAN numbers of those lenders and thereafter Respondent may issue such notice as it deems fit in accordance with law should it feel the need to do so. Thereafter, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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