Kandan & KannanMedicalAgency v. ITO (2020) 194 DTR 172 / 269 Taxman 291 (Mad.)(HC)

S. 144 : Best judgment assessment – Specific show cause notice was not issued in respect of proposed addition under section 69A of the Act and not other issues – Matter remanded to the Assessing Officer to redo the assessment [ S. 69A , 142 (1), Art , 226 ]

Assessee was engaged in business of wholesale and retail sale of veterinary medicines as a partnership firm .  Return was  not filed in time due to certain disputes/differences between partners .  Assessing officer issued a notice under section 142(1) calling upon assessee to file return of income .  By time return of income was filed, Assessing Officer proceeded to complete assessment under section 144 in which he made two additions i.e. firstly under section 69A and, secondly, in respect of enhanced rate of profit on turnover . The assesesee filed the writ petition and contended that  in show cause notice issued under section 142(1), Assessing officer raised issue only in respect of first issue i.e. addition under section 69A  . Allowing the petition the Court held that on facts, since no show cause notice was issued in respect of other issue viz, addition on account of business income, it was appropriate to remit matter back to Assessing Officer for redoing assessment after getting a reply from assessee in respect of both issues .  (AY. 2017-18)