9911796707
TMI Blog2022 (5) TMI 301X X X X Extracts X X X X X X X X Extracts X X X X ..... ESH KUMAR SHARMA Petitioner Through: Dr. Rakesh Gupta, Mr. Somil Agarwal, Mr. Anshul Mittal and Mr. Rajan Bajaj, Advocates. Mr. Ajay Vohra, Sr. Advocate with Dr. Rakesh Gupta, Mr. Rohit Jain, Mr. Aniket D. Agarwal and Mr. Somil Agarwal, Advocates. Respondents Through: Mr. Abhishek Maratha, Sr. Standing Counsel for Revenue. J U D G M E N T MANMOHAN, J (Oral): CM APPL.19914/2022 (exemption) inW ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... id ab initio as they have been issued in the name of a non-existing partnership firm i.e. "M/s Kapoor Industries". He states that the erstwhile partnership firm was converted into a limited company in terms of Part IX of the Companies Act, 1956 with effect from 05th March, 2012. He emphasises that during the assessment proceedings of the erstwhile firm and of the Petitioner company for the assessm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 29th March at 2:54 pm -- most importantly the date and time of compliance of the said notices were fixed on 29th March, 2022 at 12 pm, i.e., before the time when the said notices were evidently even signed by respondent No.1. 4. Learned senior counsel for the Petitioner further states that the income, alleged to have escaped assessment in the aforesaid assessment years, had been offered to tax ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of learned counsel for the respondent is accepted, then also the impugned orders are liable to be set aside as the Petitioner had not been given an opportunity either to deal with or to respond to the show cause notices dated 28th March, 2022 inasmuch as it had been issued after the date and time of compliance had expired. 7. Consequently, the impugned orders are set aside on the ground of being ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unt. 8. The Assessing Officer shall cross check the aforesaid documents with the AIR information available with the Respondent-Department. 9. The Assessing Officer is also directed to fix the date of hearing after four weeks thereafter and decide the same by way of a reasoned order in accordance with law after giving an opportunity of hearing to the Petitioner. 10. With the aforesaid directions ..... X X X X Extracts X X X X X X X X Extracts X X X X
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