2024 (12) TMI 1065

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....titioner is challenging the impugned Assessment Order dated 23.03.2022 passed by the first respondent for the Assessment Year 2016-17. In W.P.No.20169 of 2022, the petitioner has prayed for a direction against the respondents to consider the petitioner's application filed for rectification of mistake in the aforesaid impugned order dated 23.03.2022 vide rectification petition dated 03.06.2022. 3.1. The petitioner appears to be engaged in Real Estate business. The petitioner had few transactions and also filed return of income on 14.10.2016, disclosing the total income of Rs. 91,12,576/-. Thereafter, a notice was issued to the petitioner on 22.10.2018 under Section 133(6) of the Income Tax Act, 1961, wherein, the petitioner was called....

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....Act, 1961, before the Commissioner of Income Tax (Appeals) and the same is pending consideration by the Appellate Commissioner. It is also admitted that the petitioner had approached the Local Committee, who, by the order dated 19.09.2022, has rejected the request for reconsideration of the aforesaid order. 4.2. It is further submitted that the petitioner's application under Section 154 of the Income Tax Act, 1961, dated 02.06.2022 for rectification of the mistake in the impugned Assessment Order dated 23.03.2022 has also not been considered. The learned Senior Counsel would submit that the Department has solely relied on the information gathered from the DCIT (OSD)(Inv.) CBDT, New Delhi, however, particulars have not been furnished ....

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....ld not also call for any witnesses for cross examination, based on whose submissions or documents, the tax liability has been imposed. 4.6. The learned Senior Counsel would finally submit that although in respect of the notice dated 22.10.2018, the petitioner did not furnish the copy of the bank statement, the petitioner did furnish the same to the Local committee on 02.06.2022, as Annexure VI, after the impugned order was passed, which shows that the petitioner's conduct was bonafide. That apart, it is submitted that the petitioner got limited stay by the Assessing Officer for a period upto September, 2022 vide order dated 28.06.2022 under Section 220(6) of the Income Ta Act, 1961. 5.1. The learned Senior Standing Counsel for the....