Madras HC remanded matter as assessee was asked to submit voluminous doc. within 2-3 days

Case Details:Manickam Subramanian v. ACIT - [2021] 130 taxmann.com 433 (Madras)

Judiciary and Counsel Details

• • R. Suresh Kumar, J.
  • R. Senniappan for the Petitioner. 
  • N. Dilipkumar, Sr. Standing Counsel for the Respondent.

Facts of the Case

Assessing Officer (AO) seized huge amount of hot cash from the assessee’s premises pursuant to a search conducted under section 132. During that search, statement was also recorded. Notice was issued under section 143(2) for submitting various details. In reply to the notice, the assessee requested for time.
Without affording time, the AO passed the impugned order on ground that the assessee could not produce the relevant documents within time. Assessee filed writ-petition before the Madras High Court.

High Court Held

The Madras High Court held that in the last notice dated 29-3-2021 issued to assessee, several details had been asked from him. Such details were required to be produced on or before 2-4-2021, that is, within two or three days. Within the shortest possible time during the pandemic period, it cannot be reasonably expected that the assessee would be able to collect all these documents and produce before the revenue.
Thus, the impugned assessment order was to be interfered with, and the matter was to be remitted back to the AO for reconsideration after giving an opportunity to the petitioner to produce those documents within a reasonable time.