2023 (2) TMI 33

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.... ORDER PER : HONOURABLE MS. JUSTICE SONIA GOKANI 1. The challenge is to the constitutional validity of Section 115 BBE of the Income Tax Act, 1961 as substituted by the Taxation Laws (Second Amendment) Act, 2016 w.e.f. 01.04.2017 pursuant to which the income determined by the Assessing Officer under Sections 68, 69, 69A, 69B, 69C and 69D of the Income Tax Act, 1961 shall attract tax rate at 60%....

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....spectively; (Annexure-A) (c) issue a writ of certiorari or any other writ, order or direction quashing and setting aside the recovery notice dated 15.12.2022 (Annexure-B); (d) Pending final hearing and admission of the matter, pass an order restraining the Respondents from enforcing demand for A.Y.2017-18 and be further pleased to stay the impugned recovery notice dated 15.12.2022 (Annexure-....

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....he Assessing Officer had called the details such as KYC documents as the petitioner is the Bank and all those documents of the customers, who deposited their cash in their account during the demonetization period, have been duly submitted and yet, the officer in complete disregard to these details has added wrongly this amount in the income of Bank and finalized the assessment. The petitioner has ....