Sapta Panchait Kirshk Seva Swablambi Sahkari Samiti Ltd. v. UOI (2021) 276 Taxman 7 /199 DTR 148 / 320 CTR 356(Patna)(HC)

S.143(3) : Assessment -Unexplained money-Initiation of penalty proceedings-Cryptic order-Non issue of notice-Violation of principle of natural justice-Writ is not maintainable. [S. 69C, 142(1), 271AAC, Art. 226]

Assessee was engaged in running business of fertilizers and seeds. It deposited Rs. 95.50 lakhs in its bank account in Specified Bank Notes (SBN) denomination during demonitization. Assessing Officer treated entire deposit as unexplained and added same to total income of assessee and initiated a penalty proceeding under section 271AAC.  Assessee filed instant writ petition for quashing of order passed by Assessing Officer on ground that said order was cryptic in nature as Assessing Officer did not assign any reason. Dismissing the writ the Court held that since all material facts necessary for adjudication were recorded by Assessing Officer, said order could not be said to be in violation of principles of natural justice, even though it was short in nature. (AY. 2017-18)