2025 (8) TMI 1692

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....ior Standing Counsel Mr. Varun K. Patel for the respondents. 2. These petitions are filed challenging the assessment orders for the Assessment Years 2016-2017, 2017-2018 and 2018-2019 respectively. 3. Brief facts of each petition which represents different assessment years are summarised as under: 4. In Special Civil Application No.7347 of 2022 which pertains to Assessment Year 2016-2017, brief facts are as under: i) The petitioner is engaged in business activities and filed its return of income on 07.10.2016 declaring total income at Rs. 7,35,870/- for Assessment Year 2016-2017. No scrutiny was undertaken, and the return was accepted as filed. ii) Thereafter, the Respondent No. 1 issued the impugned notice under section 148 of the ....

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....y during the relevant Assessment Year. vi) Subsequently, the respondent No. 2 passed the impugned Assessment Order under section 147 read with section 144B of the Act dated 29.03.2022 assessing total income of the petitioner at Rs. 89,09,670/- without providing the reasons recorded for reopening or a show cause notice with draft Assessment Order to provide an opportunity of hearing to the petitioner. vii) Thereafter, demand notice under section 156 of the Act dated 29.03.2022 was issued to the petitioner raising a demand of Rs. 46,16,776/- and Notice for Penalty under section 274 read with section 271(1)(c) of the Act dated 29.03.2022 was issued to show cause as to why an order imposing penalty should not be issued to the petitioner. ....

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....ite his letter dated 22.12.2021 requesting for copy of reasons recorded for reopening, the same were not provided to the petitioner after which the petitioner suo moto filed further submissions dated 12.02.2022 providing all the details of Annual Audited Accounts along with Tax Audit Report, Computation of Income, Calculation of tax, bank statements etc. contending that the very inquiry of accommodation entry was erroneous and the petitioner has not taken any accommodation entry from any party during the relevant Assessment Year. vi) Subsequently, the respondent No. 2 passed the impugned Assessment Order under section 147 read with section 144B of the Act dated 29.03.2022 determining total income of the petitioner at Rs. 2,75,72,875/- wi....

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....le his reply against notice issued under section 148A(b). iv) Eventually, the respondent No. 1 passed the impugned order under section 148A(d) of the Act dated 26.03.2022 and issued notice under section 148 of the Act dated 27.03.2022 without considering the fact that the petitioner had already sought time upto 28.03.2022 to submit his reply. v) Thereafter, respondent No. 2 issued notices dated 17.08.2022 and 28.09.2022 providing intimation to the petitioner to frame assessment in accordance with provisions of the Act. vi) Being aggrieved, the petitioner has preferred this petition. 7. Learned advocate Mr. Soparkar for the petitioner at the outset submitted that so far as Assessment Years 2016-2017 and 2017-2018 are concerned, th....

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....re reported in 452 ITR 172 (Guj). 3) Bharatmaiya Memorial Foundation reported in (2018) 91 taxmann.com 25 (Gujarat). 4) Simaben Vinodrai Ravani reported in (2017) 394 ITR 778. 5) Sagar Developers reported in (2016) 72 taxmann.com 321 (Gujarat). 6) Gandhi Realty (India) P. Ltd. reported in (2022) 441 ITR 316 (Guj). 7) Pratul Krishnakant Shroff reported in (2025) 171 taxmann.com 758 (Gujarat). 8) Kaypee Enterprise reported in (2024) 166 taxmann.com 549 (Guj.) 10. On the other hand learned advocate Mr. Dev Patel for learned Senior Standing Counsel Mr. Varun K Patel for the respondent submitted that the petitioner was communicated with the reasons recorded in notice calling for information issued under section 142(1) of the ....