2023 (9) TMI 1618

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....d 31.03.2022 passed under Section 147 read with Section 144D of the Income Tax Act, 1961 (for short 'the Act') for the assessment year 2016-17. 2. Facts in brief indicate that the petitioner is the proprietor of "Omega Elevators' which is a concern engaged in the business of design, manufacturing, supply and installation of lifts. The petitioner has a Permanent Account Number and duly files returns and pays taxes under the Income Tax Act. The case of the petitioner for A.Y. 2016-17 was taken up for scrutiny assessment under Section 143(3) of the Income Tax Act. After detailed scrutiny, the returned income was accepted as the assessed income. Thereafter, the petitioner received a notice for reopening of assessment under Section 148 of....

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....2 The petitioner's authorized representative duly logged onto the link provided for personal hearing through video conferencing on 29.3.2022. However, because of technical glitch in the portal the hearing could never take place. In fact the officer from the National Faceless Assessment Centre who would have logged on apologized to the petitioner's authorised representative through the chat box. Since assessment was getting time barred, the Petitioner was asked to give its further submission in writing on the same day. 2.3 The petitioner uploaded another submission on 29.3.2022 giving further explanation and evidences in support of its contentions. The respondent however proceeded to pass impugned assessment order confirming the a....

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....rd, this court had granted interim relief to the effect that the operation and implementation of the order dated 31.03.2022 as well as demand notice and notice of imposition of penalty were stayed. It appears that through oversight the Revenue had adjusted the refund of assessment year 2021-22 against the outstanding amount of assessment year 2016- 17. Having brought to the notice that this was in breach of the order of the stay granted by this court, the concerned officer by the order of 13.09.2023 rectified the mistake and restored the position as per the interim order. 6. Having heard learned counsels for the respective parties, apparently, what is made out is that pursuant to the notice calling for details under Section 142(1) of the....