9911796707
TMI Blog2022 (6) TMI 245X X X X Extracts X X X X X X X X Extracts X X X X ..... ndents Through: Mr. Zoheb Hossain, Senior Standing Counsel for Revenue with Mr. Vipul Agrawal, Mr. Parth Semwal and Mr. Aditya Chhajed, Advocates. J U D G M E N T MANMEET PRITAM SINGH ARORA, J:(ORAL) CM APPL. 20872/2022 Exemption allowed, subject to all just exceptions. Accordingly, the application stands disposed of. W.P.(C) 6861/2022 & CM APPL. 20873/2022 1. Present writ petition has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... notice. In the request, it was stated that since the petitioner company is listed on the stock exchange, it was then working to complete its statutory compliances scheduled to be completed before 31st March, 2022. In the said request, it was further stated that since the past financial records of the petitioner are stored in a factory in Uttarakhand, the petitioner required additional time to col ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... application has been filed, the petitioner could not have presumed that the adjournment would be allowed. He further states that the request for adjournment was made on 24th March, 2022 which was admittedly the last date. 6. Having heard learned counsel for the parties, this Court is of the view that the petitioner/assessee has the right to get adequate time in accordance with the Act to submit i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inal stipulated time. 8. By denying an opportunity of adequate time to the petitioner, the mandate of Section 148A(b) has been violated. This Court in the Divya Capital One Private Limited (earlier known as Divya Portfolio Private Limited) vs. Assistant Commissioner of Income Tax Circle 7(1) Delhi & Anr. in W.P.(C) 7406/2022 has observed as under: "13. It is pertinent to mention that Section 14 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he petitioner to upload its reply. In the event, the Assessing Officer wants clarification or would like the petitioner's response to any specific information received by the revenue, it shall be open to give a supplementary notice. The respondent is directed to pass a reasoned order within 08 (eight) weeks after duly considering the reply filed by the respondent. This Court clarifies that it has ..... X X X X Extracts X X X X X X X X Extracts X X X X
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