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Both assessee & AO should be given opportunity of being heard
Case Law Details
- Case Name
- DCIT Vs Ratandeep Gold &
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 03/02/2023
- Courts
- All ITAT, ITAT Varanasi
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DCIT Vs Ratandeep Gold & Diamond Pvt. Ltd (ITAT Varansi)
ITAT Varanasi held that principles of natural justice demand that both the parties, i.e. assessee as well as AO, shall be given opportunity of being heard, before being condemned and any prejudice is caused. Impugned order not satisfying the same is liable to be set aside.
Facts- Post conduct of survey, AO issued notice to the assessee asking on the basis of data retrieved from the computer and recorded statements, undisclosed profit should not be treated as unaccounted income under section 69 of the Income Tax Act.
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