The assessment order was passed making addition of cash credits of more than 40 Crores. On writ the assessee contended that no reasonable opportunity of hearing was given. Allowing the petition the Court observed that before going into the merits of the issue whether the income of the assessee was taxable under section 68 or not, though the assessee had not sought a personal hearing, it became incumbent on his part to seek a personal hearing to explain with the documents already submitted to the Department to establish the genuineness of the transaction under which the assessee had accepted the sum from the lender through the bank. The order was set aside and the matter was remitted back to the assessing authority with directions to give one day personal hearing to the assessee. (AY.2018-19)
Nagalinga Nadar M. M. v. Add. CIT (2021) 439 ITR 147 / 207 DTR 241 / (2022) 284 Taxman 244 / 324 CTR 195 (Mad.)(HC)
S. 144B : Faceless Assessment-Principle of natural justice-Cash credits-Order was set aside. [S. 68, 143(3), Art. 226]