Department issued a show cause notice along with draft assessment order raising demand under section 156 of the Act . In response to show cause notice reply was filed by the assessee . Final assessment order was passed without considering the reply of the assessee. On writ the Court quashed the assessment order and the demand notice on the ground that the Assessing Officer has not considered the reply filed by the assessee. In the affidavit the Assessing officer stated that no reply was filed . The Court observed that print out of e-proceedings response acknowledgement from department showed that reply to show cause notice had been submitted by assessee. The made observation that the Officers not truthful in filing affidavit. Directed that this order be placed before the Commissioner of Income -tax (Judicial ) and also be circulated to all Commissioner (Judicial ) in the Country so that they are made aware of the Fact that it would be in the interest of department to be truthful and accept their mistake in the interest of department to be truthful and accept their mistakes instead of filing of such affidavits as it has been done in the present case .
Department issued a show cause notice along with draft assessment order raising demand under section 156 of the Act . In response to show cause notice reply was filed by the assessee . Final assessment order was passed without considering the reply of the assessee. On writ the Court quashed the assessment order and the demand notice on the ground that the Assessing Officer has not considered the reply filed by the assessee. In the affidavit the Assessing officer stated that no reply was filed . The Court observed that print out of e-proceedings response acknowledgement from department showed that reply to show cause notice had been submitted by assessee. The made observation that the Officers not truthful in filing affidavit. Directed that this order be placed before the Commissioner of Income -tax (Judicial ) and also be circulated to all Commissioner (Judicial ) in the Country so that they are made aware of the Fact that it would be in the interest of department to be truthful and accept their mistake in the interest of department to be truthful and accept their mistakes instead of filing of such affidavits as it has been done in the present case .