2021 (7) TMI 428

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Ku. Satpathy, Opposite Party No.2-Revenue Deptt. ORDER DR. S. MURALIDHAR, CJ. 1. The matter is taken up by video conferencing mode. 2. The challenge in the present writ petition is to an assessment order dated 14th June, 2021 passed by the National Faceless Assessment Centre (NFAC) under Section 143 (3) read with Section 144-B of the Income Tax Act, 1961 (IT Act) raising a demand o....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he Delhi High Court dated 27th May, 2021 in W.P.(C) No. 5552 of 2021 (YCD Industries v. National Faceless Assessment Centre, Delhi) and in W.P.(C) No. 5491 of 2021 (M/s. Lokesh Constructions P. Ltd. v. The Assistant Commissioner of Income Tax). In both the aforementioned judgments of the Delhi High Court, similar assessment orders by the NFAC were challenged and were set aside by the High court on....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....is shows that when compared with those figures, the assessed taxable income and demand for AY 2018-19 were unreasonably and shockingly high. For e.g., the assessed income for the AY 2016-17 was Rs. 66.07 crores and the demand was Rs. 1.09 crore. For the AY 2017-18 the assessed income was Rs. 58.13 crores and the demand was Rs. 4.94 crores. However, in terms of the impugned assessment order for AY ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....aft assessment order and providing it to the Petitioner for its response stands attracted in this case. 8. Consequently, this Court sets aside the impugned assessment order dated 14th June, 2021 of the NFAC as well as all consequential demand notices/orders and grants liberty to the Department to pass a fresh assessment order for the AY in question in accordance with law. The Department shall g....