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The grievance of the petitioner before this Court is that though, a show cause notice was issued by the Assessing Officer in respect of the first issue namely the cash deposit in the Current Account during the demonetization period, no show cause notice was issued in respect of the other issue viz., an addition on account of business income. Therefore, it is contended that the Assessing Officer is not justified in passing the order of assessment in respect of the other issue as well, without issuing any notice to the petitioner.

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Section 142 & 144 of the Income Tax Act, 1961—Best judgment assessment— Matter remitted back to the Assessing Officer for redoing the assessment once again on the issues by directing the assessee to file the reply on the issues and a fresh show cause notice need not be issued to the assessee in respect of the issue of addition on account of business income and the Assessing Officer shall afford an opportunity of personal hearing to the assessee before concluding the assessment — KANDAN & KANNAN MEDICAL AGENCY Vs. ITO [2020] 269 TAXMAN 291 (MAD)

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