TMI Blog2024 (2) TMI 339X X X X Extracts X X X X X X X X Extracts X X X X ..... conclusion of the proceedings admittedly did not arise in the present case. There is substantial merit in the contentions raised by the learned counsel for the petitioner. The question of resort to best judgment assessment u/s144 may not have arisen, if the petitioner had made out its reply to annexure J1 and the same was considered and the valid points were present as asserted that would be put forth in the reply to annexure J1. If that were to be so, the subsequent show-cause notice under section 144 at annexure J2 and the orders passed are required to be consequentially set aside. It is also to be noticed that annexure J1 has not been sent to the e-mail ID updated as per annexure N1. Accordingly, on the sole ground of violation of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... perating procedure at annexure T. 3. It is further submitted that if the petitioner had made out a reply to the notice under section 142(1) at annexure J1, question of proceeding under section 144 may not have arisen. It is also pointed out that the notices at annexures J1 and J2 were addressed to an e-mail ID which does not belong to the petitioner and the petitioner's e-mail ID has been updated as anand.holalu@gmail.com as per annexure N1 and the same has been confirmed by the Department. Accordingly, it is submitted that on the basis of violation of principles of natural justice, the notice at the first instance at annexure J1 requires to be set aside and if that were to be so, all other orders that are passed being consequent and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... new account having number 36134690223 on September 28, 2016 and deposited cash in this account to the tune of Rs. 18.81 lakhs during the demonetization period which was unusual than that of the previous trends. But on perusal of the insight portal of the Department, it is found that the assessee has deposited cash as per the following information. The assessee vide notice dated November 20, 2021 was asked to furnish the reply with reference to the above. The reply filed by the assessee vide reply dated February 22, 2022 and it is observed that the assessee only provided sales register for the financial year 2016-17. This document has no authenticity, as it is not signed by any authorized person, and has no details of cash/credits etc. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n so far as the period prescribed for notice under section 142(1). The clause B of the standard operating procedure reads as follows : B. Process of issuance of notice under section 142(1)/questionnaire : 1. The notice is to be sent to the assessee, through the National e- assessment centre (NeAC), with the approval of the unit head of the Assessment Unit. Normally, a response time of 15 days may be given to the assessee for compliance with the notice under section 142(1) from the date of issue of the notice. It is advisable that time may be reduced to seven days for subsequent notices. However, these guide lines must keep in view the limitation date for completing the assessment. 7. If it were to be noticed, a period of 15 days ..... X X X X Extracts X X X X X X X X Extracts X X X X
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