2026 (5) TMI 1074

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.... as 'the Act of 1961') for assessment year 2024-25. The consequential notice of demand under Section 156 issued on even date is also under challenge. 2. The petitioner had filed his return of Income for assessment year 2024-25 on 30.12.2024 declaring his income at Rs. 7,61,260/-. 3. During the regular assessment proceedings under Section 143(3) of the Act of 1961, the Assessing Officer had issued notices dated 24.06.2025 and 14.01.2026 asking the petitioner to furnish his response/information in support of the return filed, whereafter a show cause notice dated 06.02.2026 came to be issued to the petitioner raising queries & eliciting information while requiring the petitioner to file reply by 13.02.2026. 4. On a day preceeding the ....

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....ek Maratha, learned Senior Standing Counsel, on the other hand submitted that on 12.02.2026, the petitioner had sought time to file reply by 28.02.2026 and since no reply was filed by 27.02.2026, on the next date i.e., 28.02.2026, the Assessing Officer had no other option but to pass assessment order on the basis of material available with him. 11. He further submitted that the Assessing Officer had allowed 15 days' time to the petitioner to file reply and since the petitioner did not file the same, he was justified in proceeding with the matter and passing the order impugned. 12. Heard learned counsel for the parties and perused the record, including the intimation dated 20.04.2026 sent by the Assessing Officer to Mr. Abhishek Marath....

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.....e., on the last date of the extended period granted, after availing the entire time allowed. No further request for adjournment was made by the assessee. It is submitted that such conduct of filing reply at the last moment, after exhausting the entire period granted, cannot create any vested right in favour of the assessee to seek further deferment of proceedings or to compel the Assessing Officer to postpone the conclusion of assessment." 18. On perusal of the impugned assessment order, we find that there is neither any reference of the reply filed by the petitioner nor the contentions and material filed alongwith the reply have been taken into consideration. 19. We are of the view that in case an assessee moves an application for a....