Sharanam Square LLP v. ITO (2026) 309 Taxman 142 (Guj.)(HC)

S. 69: Unexplained investments-Assessment-Violation of principles of natural justice-Reply of assessee explaining source of property purchase not considered while framing assessment-Assessment quashed and matter remanded for a fresh order after hearing assessee. [S. 143(3), 144B, Art. 226]

The assessee, a construction LLP, filed its return for assessment year 2022-23. Against a show cause notice dated 22.03.2024 proposing an addition of about `39.43 crores under section 69 towards property purchased, the assessee furnished a detailed reply on 25.03.2024 explaining the purchase, the sources of payment and the supporting documents. On 26.03.2024 the Assessing Officer framed the assessment under section 143(3) read with section 144B at about Rs. 39.43 crores without adverting to the reply, the revenue attributing the omission to technical glitches and time-barring constraints. Allowing the petition, the Court held that the reply, having admittedly not been considered, there was a violation of the principles of natural justice; the assessment was quashed and remanded for a fresh order after hearing the assessee. (AY. 2022-23)

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