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TMI Blog2021 (7) TMI 427X X X X Extracts X X X X X X X X Extracts X X X X ..... gly. The respondent/revenue will be at liberty to call for further information, if thought necessary, before proceeding to frame the assessment order. In particular, the petitioner will furnish the FIRC concerning GMO, which is presently not on record. The petitioner will render assistance in every form to the respondent/revenue in passing the fresh assessment order. The statement of Mr. Chopra is taken on record. - W.P.(C) 6168/2021 - - - Dated:- 7-7-2021 - HON'BLE MR. JUSTICE RAJIV SHAKDHER AND HON'BLE MR. JUSTICE TALWANT SINGH Petitioner Through: Mr. Deepak Chopra, Mr. Pratishtha Singh and Mr. Manuj Sabharwal, Advs. Respondent Through: Mr. Sunil Agarwal, Sr. Standing Counsel for revenue O R D E R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ;s case was picked up for scrutiny, and accordingly, a notice under Section 143(2) of the Act was issued. Thereafter, during the course of the assessment proceedings, several notices were served on the petitioner under Section 142(1) of the Act whereby information was sought from the petitioner. It is the petitioner's case that, as and when information was sought, the same was furnished. 5.3. The record shows that, as on previous occasions, a show cause notice was served on the petitioner, on 11.06.2021, at about 5:44 P.M. To be noted, 11.06.2021 was a Friday. The said show cause notice, issued under Section 142(1) of the Act, required the petitioner to furnish confirmation(s) and audited financial statements of non-residential inves ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng portal was dysfunctional, it caused infraction of its legal rights. 5.8. Furthermore, it is also asserted by the petitioner that, the respondent/revenue, in his haste, to pass the assessment order has failed to take notice of the fact that the petitioner had filed a loss return, in which, loss to the extent of approximately ₹ 102 crores was declared. 5.9. In other words, according to the petitioner, assuming without admitting that, the addition made by the Assessing Officer (in short AO ) was tenable, it had to be adjusted against the loss claimed by the petitioner. 6. Mr. Agarwal submits that, the record of the case would show that several notices under Section 142(1) of the Act were issued, and information was sought fr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sitioned when the show cause notice dated 11.06.2021 was issued. It is ordered accordingly. 8.2. We may also clarify that the respondent/revenue will be at liberty to call for further information, if thought necessary, before proceeding to frame the assessment order. In particular, the petitioner will furnish the FIRC concerning GMO, which is presently not on record. 8.3. Furthermore, Mr. Chopra assures us that the petitioner will render assistance in every form to the respondent/revenue in passing the fresh assessment order. The statement of Mr. Chopra is taken on record. 9. The writ petition and the pending application are disposed of in the aforesaid terms. 10. Needless to add, the observations made hereinabove would not impa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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