2024 (7) TMI 905

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....udhoria ...For the respondents ORDER 1. The present writ petition has been filed, inter alia, calling upon the respondents to recall and/or cancel the demand notice dated 19th March 2024 issued under Section 156 of the Income Tax Act, 1961 (hereinafter referred to as the "said Act") for the assessment year 2015-16. 2. It is the petitioners' case that sometimes on 17th March 2022 the petit....

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....e aforesaid proceedings culminated in the assessment order issued under Section 147 read with Section 144B of the said Act dated 19th March 2024 in respect of the assessment year 2015-16. From the assessment order it would appear that the petitioner no.1 had been able to sufficiently explain their transactions and the faceless assessment unit had categorically recorded that in view of the disclosu....

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....petitioner no.1, inclusive of interest. 5. Since, the aforesaid demand prima facie appeared to be contrary to the assessment order and is not sustainable, when the aforesaid matter had come up for consideration on 16th May 2024, having regard to the controversy involved, the respondents were directed to take appropriate instructions in this matter. 6. Today, Mr. Dudhoria, learned advocate ap....

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....ccordingly accepted the income, as filed in the Income Tax Return as Rupees Zero, no demand on the basis thereof could have been raised by the respondents. Thus, the purported notice issued under Section 156 of the said Act dated 19th March 2024 had been issued mechanically, without taking note of the assessment order. The purported computation sheet appended to the demand notice is also contrary ....