2025 (12) TMI 1716

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....as tendered affidavit on behalf of respondent No.2, the same is ordered to be taken on record. 2. The petitioner, by way of this petition under Article 226 of the Constitution of India, challenges the Assessment Order dated 26.03.2024, passed by the respondent under Section 143(3) read with Section 144B of the Income Tax Act, 1961 (for short "the Act"), for the Assessment Year 2022-23 (hereinafter referred to as "the year under consideration") on the ground of gross violation of the principles of natural justice by completely overlooking the reply dated 25.03.2024, furnished by the petitioner in response to the Show Cause Notice, which, in turn, has resulted into demand of Rs. 38,13,93,748/-. 3 RULE. Learned Senior Standing Counsel Mr....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....y be read as "20.03.2024" instead of "25.03.2024" as the issue was getting time barred on 31.03.2024. A Show Cause Notice dated 22.03.2024 was issued to the petitioner calling upon him to show cause as to why an addition of Rs. 39,43,27,000/- should not be made under Section 69 of the Act in respect of "the property purchased by the petitioner". 4.5 The petitioner, vide letter dated 25.03.2024, furnished a detailed response to the aforesaid Show Cause Notice issued by the respondent stating therein that the petitioner was engaged in the business of construction and hence had purchased land of Rs. 39,43,27,500/- from Ashima Limited for the purpose of construction of a commercial building and the details of which were furnished by the peti....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ical glitches between the Income Tax Business Application (ITBA) system and the e-filing portal, the reply filed by the petitioner on 25.03.2024 was not available and hence its contents were not taken into consideration and the case was returned to the Assessing Officer on 26.03.2024 for passing of the Assessment Order. Thus, it is urged that due to the circumstances beyond the control of the Assessing Officer, the reply filed by the petitioner was not considered. 7. We have heard the learned advocates appearing for the respective parties. 7.1 The case of the petitioner mentioned hereinabove is that the impugned order has been passed without concerning the reply dated 25.03.2024 filed by the petitioner explaining his income. We may, a....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nse type (Full/part/adjournment) Intimation Letter 01.06.2023 - Yes 02.09.2023 - 143(2) 01.06.2023 16.06.2023 No - - 142(1) 09.10.2023 24.10.2023 Yes 24.10.2023 NA 142(1) 10.03.2024 20.03.2024 No NA NA Letter 18.03.2024 5 days No NA NA SCN 22.03.2024 25.03.2024 No NA NA From the perusal of the aforesaid facts, it is submitted from 10.03.2024 onwards, the petitioner was given sufficient opportunity to explain the source of the transactions, however, the petitioner did not avail those opportunities within the stipulated time. It is submitted that the petitioner was fully aware of the issues under scrutiny since the selection of....