2023 (12) TMI 462

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....fter: "2. A challenge in this writ petition is laid to the impugned intimation dated 13.11.2022 issued by respondent no. 2 under Section 143(1) of the Income Tax Act, 1961 [in short "Act"]. 2.1 Via this intimation, a demand amounting to Rs. 1,03,94,820/- has been raised against the petitioner. 3. The principal grievance of the petitioner is, that although in the income tax return, enough and more information had been given, that the petitioner has opted for being taxed at the rate of 22% as provided under Section 115BAA of the Act, the impugned order was passed, only on account of the fact that the petitioner had failed to file Form 10-IC. 4. It is the submission of Mr Vibhor Garg, who appears on behalf o....

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....2 had relaxed the rigour of the law, in exercise of its powers under Section 119(2)(b) of the Act. 9. To our minds, the matter requires to be delved into. 10. Accordingly, issue notice. 10.1 Mr Zoheb Hossain accepts notice on behalf of the respondents/revenue. 11. Counter-affidavit will be filed within the next four weeks. 11.1 Rejoinder thereto, if any, be filed before the next date of hearing. 12. List the matter on 19.05.2023. 13. In the meanwhile, no precipitate action will be taken against the petitioner in respect of the demand raised via the impugned intimation dated 13.11.2022, till further orders of the Court." 2. As would be evident from the aforesaid extract, the o....