9911796707
TMI Blog2022 (7) TMI 697X X X X Extracts X X X X X X X X Extracts X X X X ..... . The Petitioner challenges the notice dated 31.03.2021 seeking to reopen the assessment and penalty notices dated 30.03.2022 based on the reassessment notices for the AY 2013-2014. 3. Ms. Linhares, learned counsel for the respondents, submitted that an assessment order was made on 30.03.2022 in pursuance of the impugned notices. She submits that the Petitioner has an alternate and efficacious remedy available to them to challenge the assessment order; therefore, this petition may not be entertained. 4. Mr. Naniwadekar, learned counsel for the Petitioner, submitted that there is no bar to the entertainment of a writ petition, particularly since this is a case involving the breach of principles of natural justice and fair play. He submitte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... istered with the Income Tax Department. The Petitioner indicated the details and email Id of the Chartered Accountant as the proper address for the service of notices. At no stage were any changes effected in the record of the Income Tax Department by the Petitioner. She submits that the Petitioner is attempting to create some grounds for pleading failure of natural justice, and the Petitioner has not suffered any prejudice whatsoever. 9. Ms. Linhares submitted that the Petitioner has invoked the extraordinary and equitable jurisdiction of this Court under Article 226 of the Constitution of India. However, the Petitioner had failed to disclose that there were several cash deposits against the PAN that the Petitioner now claims they had alr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... monstrated. 13. Besides, the respondents have produced documentary material on record that at least prima facie indicates that cash deposits of an amount of Rs. 27,74,53,108/- were made in the Petitioner's bank account as against the PAN number that the Petitioner claims to have already surrendered. Additionally, in the affidavit filed by the Assistant Commissioner of Income Tax, it is asserted that even after 2012, PAN was used by the Petitioner for regularly conducting business transactions. There is also a statement that all notices were sent through the registered email Id quoting this PAN. 14. Mr. Naniwadekar did rely on PCIT vs Maruti Suzuki India Ltd. (2019) 416 ITR 613 (SC) to submit that service of reopening notice in the nam ..... X X X X Extracts X X X X X X X X Extracts X X X X
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