2022 (8) TMI 207

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....2 and 29.03.2022 for the assessment year 2012-2013 and 2013-2014. These orders are in gross violation of principles of natural justice, challenged the same. The petitioner filed his return of income for the assessment year 2012-2013 and 2013-2014 under consideration on 01.12.2013 and 13.06.2016 by reporting the taxable total income at Rs. 25,91,970/- and Rs.13,87,910/- respectively. The said assessment was reopened vide issuance of notice under Section 148 of the IT Act, dated 16.02.2017 and 13.01.2017. The petitioner filed response to the notice under Section 148 of the IT Act on 20.07.2017 electronically. 2. During the course of the original re-assessment proceedings, the petitioner submitted replies and documents on various dates. The....

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....g, effective opportunity of hearing the petitioner. The petitioner already filed an appeal before the appellate tribunal challenging the determination of taxable total income of Rs.9,91,17,260/- and Rs. 10,81,55,110/- for the assessment year 2012-2013 and 2013-2014. Thus, without giving reasonable opportunity to the petitioner to submit his reply, is not proper. The respondents failed to follow the procedure envisaged under Section 144 B of the IT Act and passed the impugned order. 5. Further, the Commissioner already invoked revision under Section 263 of the IT Act, re-assessing the assessment order, calculating the income in variations to the petitioner's contention. The Assessment Officer to await the order of the Commissioner&#39....

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.... correct. Subsequently, the same was corrected by filing revised return. 8. The order of the Assessing Officer was found to be erroneous and prejudicial to the interest of the revenue, the Principal Commissioner of Income Tax by exercising power under Section 263 of the IT Act, passed an order on 02.03.2021 and 22.03.2021 and set aside the order passed by the Assessing Officer with the direction that the Assessing Officer to frame the assessment order afresh after making necessary enquiries and verification especially with regard to the assessee purchased a property at T.Nagar, Chennai along with his wife for Rs.5.20 crores against the documented value of Rs.1.20 crores. On enquiries made with the seller of the property Shri.P.Seeman acc....

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....y request for personal hearing so as to make oral submissions or present your case. The request can only be made by clicking the seek video conferencing button available against the SCN, in the view notices of this proceeding in the e-proceedings tab on efiling portal. The request can be made only before expiry of compliance date and time. On approval of request, personal hearing shall be conducted exclusively through video conference." 10. The assessee failed to utilise the opportunity given and now claims that principles of natural justice not followed. He further submitted that the appeal pending challenging the order in ITA.No.314 and 315 of 2022 and he further submitted that the pendency of the above appeal challenging the order pas....