On writ the Court held that the proceedings leading up to the passing of the order lacked clarity and had resulted in the assessee being led to believe that its response or explanation in respect of the proposal to treat a sum of Rs. 3,86,63,654 as excess stock, except to the extent of Rs. 29,36,013 was accepted inasmuch as the officer had by notice dated August 16, 2022 called for an explanation only in respect of a sum of Rs. 29,36,013. This in turn had resulted in the assessee not putting forth any further explanation in respect of the alleged excess stock over and above Rs. 29,36,013, thereby resulting in violation of principles of natural justice. The assessment order was quashed and set aside. Court also held that the existence of alternate remedy is not an absolute bar for issue of writ Violation of principles of natural justice. (AY. 2020-21)
Smart Furniture v. Dy. CIT [2024] 161 taxmann.com 444 /(2025) 477 ITR 527 (Mad)(HC)
S. 143(3): Assessment- Excess stock – Violation of principle of natural justice – Order of assessment was quashed and set aside-Existence of alternate remedy-Not an absolute bar for issue of writ Violation of principles of natural justice. [S.69B, Art. 226]