TMI Blog2021 (7) TMI 1345X X X X Extracts X X X X X X X X Extracts X X X X ..... be granted is not a mere opportunity and it must be meaningful and reasonable. The assessees must have time to put forth their defense statements, examine the witnesses by engaging a counsel or for personal hearing. Undoubtedly, the allegations against the assessees emanated from and out of a search conducted in the premises of M/s.Agni Estates and Foundations Private Limited. The assessees are the 'other persons' and therefore, they require opportunity to rebut the contentions raised against them from and out of the materials collected from the premises of the 'searched person'. This being the factum, the respondent could not able to establish that reasonable opportunity has been afforded to the petitioners/assessees to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tax Department was challenged by the petitioners/assessees and this Court delivered a judgment on 05.07.2021. The writ petitions filed by the petitioners/assessees were dismissed and consequently, this Court issued directions to the Assessing Authority to proceed with the assessment/reassessment by affording opportunity to the writ petitioners/assessees. 3. The present writ petitions filed by the petitioners/assessees emerged from and out of the opportunity to be afforded to the assessees pursuant to the directions issued by this Court. 4. The respective learned Senior counsels appearing on behalf of the petitioners, Dr.Abhishek Singhvi, Mr.Kapil Sibal and Mr.AR.L.Sundaresan made their respective submissions mainly on the ground that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t by stating that the Assessing Officer has passed the orders of assessment hurriedly. The sequence of events would establish that the assessees were granted complete opportunity as contemplated under the provisions of the Income Tax Act. Therefore, the writ petitions are devoid of merits. 7. The earlier writ petitions were filed, challenging the Show Cause Notices issued under Section 153C of the Income Tax Act to the petitioners. The interim order of Status quo was granted by this Court on 07.12.2020 and the final order was passed by this Court on 05.07.2021. Thereafter, on 07.07.2021, the Assessing authority provided final opportunity to the writ petitioners/assessees. Again on 07.07.2021, another letter was communicated to the pet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ments relied upon as well as the alleged author or authors of the three pages of three small note books. 9. This apart, a request for personal hearing and to argue the case orally is also sought for. 10. In this backdrop, the respective learned Senior counsels contended that none of the request made by the assessees was considered. Per contra, the Assessing authority had hurriedly proceeded with the assessment and issued the impugned orders of assessment on 15.07.2021. 11. At the outset, it is contended that this Court delivered the judgment on 05.07.2021 and two letters were sent by the Assessing Authority to the assessees on 07.07.2021 and on 09.07.2021 and the assessees requested to grant atleast two weeks time to defend thei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vits require no consideration. Though such an allegation is made, the respective learned Senior counsels fairly have not insisted the same. The Learned Senior counsels for the petitioners have reiterated that the petitioners are ready and willing to defend their case and reasonable opportunity is to be given. 14. This being the factum, the Assessing Authority is bound to afford reasonable opportunity, enabling the petitioners/assessees to defend their case in the manner prescribed. This being the factum established, this Court is inclined to pass following orders: (1) (a) W.P.No.15125 of 2021 : The assessment order passed by the second respondent dated 15.07.2021 having Ref.No.ITBA/AST/M/153C/2021-22/1034237897 (1) for the assessment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Consequential notice of demand having Ref.No.ITBA/AST/S/156/2021-22/1034239946(1) and Show Cause Notice having Ref.No.ITBA/PNL/S/271(1)(c)/2021- 22/1034240001(1) are quashed. (2) The matters are remanded back to the Assessing Authority / second respondent for fresh consideration and for providing reasonable opportunity to the writ petitioners/assessees and thereafter pass order of assessment(s) on merits and in accordance with law. (3) Regarding the opportunity to be granted, the Assessing authority is directed to permit the petitioners/assessees/counsel/the authorised representative to represent the case of the petitioners/assessees and an opportunity to cross-examine the persons, who have given statement against the assessees is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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