TaxTMI 
TaxTMI 
2022 (8) TMI 760
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....ed under Section 148 of the Income Tax Act Dated 31.03.2021 [Annexure No. 2 (coll)] r/w Order Dt. 24.03.2022 [Annexure No. 9] issued by the Respondent No.2 and the connected proceedings for Reassessment of Income for A.Y. 2017-18. II. To issue a writ, order or direction in the nature of Certiorari Quashing the Re-Assessment Order for the Assessment Year 2017-18, Dt. 31.03.2022 [Annexure No.13] which is made in gross violation of law and principles of Natural justice. III. To issue a writ, order or direction in the nature of MANDAMUS declaring that Amendment caused to the Income Tax Act, 1961, vide Section 42 of the Finance Act, 2022, OMITTING Sub- Section 9 of Section 144B of the Income Tax Act, is wholly unconstitutional and bad in law. IV. To issue a writ, order or direction in the nature of CERTIORARI quashing the Order Dt. 30.03.2021 issued under Section 151 of the Income Tax Act, by Respondent No.3 [Annexure No.2 (coll)] and the connected proceedings for Reassessment of Income for A.Y. 2017-18." 3. A draft assessment order/ show cause notice dated 25.03.2022 requiring the petitioner to show cause as to why the proposed variation could not be made for the Assessment Yea....
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....the assesse along with the documentary evidence." 5. The impugned assessment order under Sections 147 read with Section 144B dated 31.03.2022 for the Assessment Year 2017-18 has been passed by the respondent No.4 making addition of Rs.13,67,24,000/- under Section 68 of the Income Tax Act, 1961. The aforesaid assessment order dated 31.03.2022 is reproduced below: "Return of Income for the Assessment Year 2017-18 was filed by the assessee, firm on 17.10.2017 u/s. 139 declaring total income of Rs. 11,55,016/- 2. Subsequently, the case was re-opened after obtaining prior approval of competent authority by issuing notice u/s.148 dated 31.03.2021 which was duly served after recording reasons to believe that Income had escaped assessment on account of non-disclosure of fully and truly all material facts available on record. 3. In response, the assessee filed return of income u/s. 148 on 28.04.2021 declaring total income of Rs. 11,55,020/-. Subsequently notice u/s. 143(2) and 142(1) of the Income-tax Act, 1961 is issued and duly served upon the assessee. 4. The assessee furnished details and submitted explanation which are considered. 4. FACTS OF THE CASE: 4.1 As per record....
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.... time to obtain instructions. The petitioner shall also file a supplementary affidavit annexing therewith copy of his bank account in Bank of Baroda for the Financial Year 2016-17. 9. Put up as a fresh case on 30.05.2022 at 10:00 A.M." 3. Again on 30.05.2022, this Court passed the following order:- "Heard Sri Abhinav Mehrotra, learned counsel for the petitioner, Sri S.P. Singh, learned Additional Solicitor General of India, learned counsel for the respondent no.1 and Sri Manu Ghildiyal, learned counsel for the respondent nos. 2, 3 and 4. Learned counsel for the petitioner has filed today supplementary affidavit, which is taken on record. This case prima facie shows high handedness and arbitrary exercises of powers by the respondents including the National Faceless Assessment Centre who are not ready to adhere to the basic principles of law and justice. An addition of Rs.13,67,24,000/- has been made in the income of the petitioner for the A.Y. 2017-18 without there being any material disclosing escapement of income by the petitioner. The petitioner has been continuously bringing it to the notice of the respondents that he has not deposited any amount in his bank account i.e....
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....mplaint is reproduced below:- 5. The sole ground of the respondent nos. 2,3 and 4 for initiation of the proceeding under Sections 148 and for passing order under section 147 of the Income Tax Act, 1961 making addition in income of Rs. 13,67,24,000/- is that the petitioner has deposited cash in the Bank account with Bank of Baroda, Shivrajpur Branch, Kanpur. Despite clear denial of the petitioner that no such cash deposit was made by him in the aforesaid Bank, the respondents have not even taken pain to examine his stand and in a most arbitrary and illegal manner, the reassessment order dated 31.03.2022 was passed making addition to Rs. 13,67,24,000/- in the income of the petitioner. The petitioner has filed copy of his Bank account with the Bank of Baroda, Shivrajpur Branch, Kanpur for the F.Y. 2016-17 relevant to the A.Y. 2017-18 which shows that there is no such cash deposit in the aforesaid Bank. Copy of the bank account has already been filed along with certificate of Chartered Accountant with supplementary affidavit dated 30.05.2022, yet the respondents have neither replied the contents of the writ petition nor the contents of the supplementary affidavit. 6. A short counter ....