The assessee and his brother were tenants since April 1, 2013, of a flat and garage in certain building. They paid rent of Rs. 5,000/-per month. A tenancy agreement was executed on August 5, 2014. They received possession of a flat on the 15th floor of the new building on February 19, 2020. The stamp duty value of the new flat was Rs. 11,68,99,000/-. The assessee claimed that this amount was received on surrendering their tenancy rights and invested in the new flat, entitling them to deduction under Section 54F. The Assessing Officer passed the assessment order on September 29, 2022, proposing to treat the entire stamp duty value of the new flat as unexplained investment under Section 69 and charged it to tax under Section 115BBE.On writ the Court held that issuance of show cause notice is not an empty formality and its purpose is to give reasonable opportunity to affected persons to effectively deal with allegations in show cause notice and A.O. is required to execute this power properly. Since Assessing Officer did not issue a show cause notice to taxpayer regarding treatment of stamp duty value under section 69 and furthermore, show cause notice issued earlier was also defective inasmuch as even though it had reference to section 56(2)(x), it did not mention whether Assessing Officer proposed to treat stamp duty value as deemed income of assessee under clause (a) or clause (b) of section 56(2)(x) of the Act. Assessment order is quashed. (AY. 2020-21)