2026 (5) TMI 853

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....of the Income Tax Act, 1961, at Annexure-A passed for the Assessment Year 2022-23 on the premise that there has been violation of principles of natural justice. The petitioner has also sought for quashing of the directions issued under Section 144C(5) of the Income Tax Act, 1961 ("the Act", for short) at Annexure-J, passed for the Assessment Year 2022-23. 2. At the outset, it is submitted on behalf of the petitioner that they are not pressing the relief as per Prayer II. 3. The relevant facts are that the assessment order was passed on 29.01.2026, which order entailed procedure for passing Draft Assessment Order and procedure under Section 144(C) of the Act. 4. It is to be noticed that in terms of directions of the Dispute Resol....

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.... certificates relating to import purchase, which was not obtained at the relevant point of time when the assessment proceedings were on. The Assessing Officer thus remarked that though complete invoice wise CBIC data could not be retrieved despite efforts by the Department, the authority also observes that there was no complete data before it when completing the adjudication proceedings. 9. The observations at para (b) are extracted as below: "b) The assessee has submitted that during the course of the assessment proceedings, it had repeatedly requested to provide the invoice wise or bill of entry wise import details as appealing on the CBIC/Insight Portal to enable the company to reconciled the same with the imports in its book....

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....he Jurisdictional Custom Officer regarding total invoice wise import purchases for the year under consideration to the Jurisdictional Assessing officer for taking remedial action as per the Income Tax provisions. But till now the fact remains that the difference of Rs. 83,47,22,507 in purchase remained unexplained/unreconciled." 10. It is the case of the petitioner that when the Assessing Authority itself did not have complete invoice wise CBIC data as is made out from the observations at para (b) extracted above, and in the absence of entry wise details shared with the petitioner, the authority ought not to have completed the adjudication proceedings. 11. Needless to state, the information available with the authority ought to have b....