9911796707
TMI Blog2021 (6) TMI 1X X X X Extracts X X X X X X X X Extracts X X X X ..... . The captioned application is disposed of with a direction to the petitioner to place on record the duly sworn/notarised/affirmed affidavit and to deposit the requisite court-fee, within three days of the resumption of the normal and usual work pattern by this court. W.P.(C) 5552/2021 and CM APPL. 17211/2021 [Application filed on behalf of petitioner, under Section 151 of Code of Civil Procedure, 1908, seeking stay on the operation of order passed by respondent, dated 20.04.2021] 3. The principal grievance of the petitioner, is that, contrary to the mandate of Section 144B of the Income Tax Act, 1961 (in short, 'the Act'), and the Faceless Assessment Scheme, 2019 (in short, 'the Scheme'), no show cause notice-cum-draft assessment order w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re application money, qua the assessment year in issue. In sum, the petitioner was required to satisfy the respondent/revenue as to the genuineness of these transactions. 12. The petitioner claims that necessary information was submitted to the respondent/revenue, on 20.02.2021. 13. It appears that respondent no. 2, thereafter, passed the impugned assessment order on 20.04.2021. 13.1. Via the impugned assessment order, an addition of Rs. 90,25,535/- was made to the petitioner's declared loss. 13.2. Furthermore, the petitioner was assessed to tax under Section 115BBEE of the Act. 13.3. The petitioner's income, chargeable to tax, was pegged at Rs. 90,00,000. Consequently, according to the petitioner, a tax demand, which included d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submission flies in the face of the schematic design of the statute. 17. Accordingly, the impugned assessment order and the notice issued under Section 156 and Section 270A read with Section 274 of the Act are set aside. 18. Liberty is, however, given to the respondent/revenue to pass a fresh assessment order, albeit, as per law. 18.1. The respondent/revenue will grant a personal hearing to the authorised representative of the petitioner. 18.2. For this purpose, the respondent/revenue will convene a hearing via videoconferencing mechanism. 18.3. The respondent/revenue will also indicate the date and time of the hearing, well in advance, to the petitioner via its registered e-mail id. 19. The writ petition is disposed of in the aforesa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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