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The question in as much as neither service of notice nor hearing of the petitioner before treating the petitioner as a Principal Officer is involved. The fulcrum of dispute revolves around the aspect whether the petitioner is the person connected with the management or administration of the company. Such finding has to be supported by substantial material and has to be reflected in the notice issued under Section 2(35) of the Act to treat a person as a Principal Officer of the company which will have wider consequences. The said aspect is lacking in the present order impugned. Merely on surmises and conjectures, no person shall be treated as a Principal Officer. Writ petition is allowed. The impugned order dated 18.06.2018 at Annexure - A is quashed

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Section 2(35) of the Income-tax Act, 1961—Principal Officer— To treat any person as a Principal Officer, such person should be connected with the management or administration of the local authority/company or association or body and such connection with the management or administration is the basis for treating any person as a Principal Officer and such connection has to be established or to be supported with substantial material to decide the connection of any person with the management or administration and without disclosing the basis, no person can be treated as a 'Principal Officer' of the company recognising him as the Key Management Personnel of the company and the details of such information on the basis of which the Key Management Personnel tag is made, has to be explicitly expressed in the notice of the intention of treating any person as a Principal Officer by the Assessing Officer but in the case of assessee, neither in the show cause notice nor in the order impugned, such connection of the assessee with the management or administration of the company M/s Kingfisher Airlines Limited is established, thus,merely on surmises and conjectures, no person shall be treated as a Principal Officer- - HARISH BHAT (A.) V/s ASSTT. CIT - [2020] 269 TAXMAN 218 (KARN)

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