9911796707
TMI Blog2021 (5) TMI 290X X X X Extracts X X X X X X X X Extracts X X X X ..... 21 2. Allowed, subject to just exceptions. W.P.(C) 5166/2021 & CM No. 15834/2021 [Application filed on behalf of the petitioner seeking stay on the operation of the impugned assessment order dated 22.04.2021] 3. Via this writ petition, a challenge has been laid to the assessment order dated 22.04.2021, passed by the revenue, under Section 153C and 143(3) of the Income Tax Act, 1961 (in short "the Act"). 4. Mr. Kapil Goel, who appears for the petitioner, says that there are several flaws in the impugned assessment order. In particular, Mr. Goel emphasizes that there has been a breach of the principles of natural justice. 4.1. In this context, Mr. Goel has adverted to the following: (i) That the statement of Mr. Prasesh Arya, Chief Gen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of companies by having the labourers vacate the said parcel of land. (iv) That the revenue has not furnished any material, whereby, Mr. Mathur, who remains unidentified up until today, can be linked to the petitioner. 4.2. In support of his plea that the power available under Section 153C needs to be exercised with care and caution, Mr. Goel has relied upon the judgement of the Supreme Court rendered in Manish Maheshwari vs. ACIT, 289 ITR 341 (SC). 5. Mr. Ajit Sharma, learned senior standing counsel, who appears on advance notice on behalf of the revenue, submits that petitioner has alluded to the factual aspects, and therefore, the writ petition should not be entertained. 5.1. According to Mr. Sharma, an alternative remedy is availab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and seized which is clearly mentioned above in the show cause, accepted that page no. 210 contains date wise details of the cash receipts aggregating to Rs. 4.50 crore, received in equal proportion from Sh. Surender Kumar Arya of JBM Group and Sh. Nirmal Kumar Minda of Minda Group who are directors in this company (i.e. SIPPL). That the said payments totalling to Rs. 4.50 crore as per the details noted this paper were to made to the Official Liquidator named Mr. Batta during the F.Y. 2009-10 through Mr. Mathur in order to obtain favourable court decision for evacuating the houses of labours existing on the premises of Rajpura Factory. Further, it is clearly showed the complete date wise cash payment of Rs. 4.50 crore was received by the as ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
