2025 (7) TMI 522

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....regard to the controversy involved in the petition which is in narrow compass, with the consent of the learned advocates for the parties, the matter is taken up for hearing. 3. Rule returnable forthwith. Learned Senior Standing Counsel Mr. Karan Sanghani waives service of notice of rule on behalf of respondents. 4. By this petition under Article 226 of the Constitution of India, the petitioner has prayed for quashing and setting aside the Assessment Order dated 28.03.2022 as well as demand notice for the Assessment Year 2015-16. 5. Brief facts of the case are as under: 5.1 The petitioner-company, earlier known as Dhanlaxmi Infrastructure Private Limited, was engaged in the business of development, maintenance and leasing of Commercial R....

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....ount referred to in the notices by the respondent-Assessing Officer pertains to A.Y. 2016-17. 5.7 The petitioner, in the reply dated 23.03.2022, also prayed for virtual hearing as per the provision of section 144B(6)(vii) of the Act. It is the case of the petitioner that the petitioner also made a request for video conference on 24.03.2022 on e-filing portal. However, the respondent-Assessing Officer, without considering the reply filed by the petitioner as well as without providing an opportunity of hearing through video conference, passed the impugned Assessment Order dated 28.03.2022 by making addition of Rs. 5,92,98,438/- by reducing loss of Rs.8,60,64,574/- to Rs. (-)2,67,66,144/- for A.Y. 2015-16. Being aggrieved, the petitioner pref....

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.... that by corrigendum dated 18.08.2021, assessment for the Assessment Year 2016-17 was reopened but inadvertently, in the Assessment Order, the Assessing Officer has referred to the Assessment Year 2015- 16. 8. Having heard learned advocates for the respective parties and considering the facts of the case, it appears that the respondent-Assessing Officer has passed the impugned Assessment Order dated 28.03.2022 for the Assessment Year 2015-16 though there is no notice for reopening the assessment for the said Assessment Year because, by corrigendum dated 18.08.2021, the notice issued on 30.03.2021 for A.Y. 2015-16 was corrected to be the notice for A.Y. 2016-17. 9. Moreover, the respondent-Assessing Officer has also not provided any opport....