2026 (2) TMI 1457

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.... Mehta waives service of notice of rule on behalf of the respondents. 3. Having regard to the controversy involved which is in a narrow compass, with the consent of the learned advocates for the parties, the matter is taken up for hearing. 4. By this petition under Article 226 of the Constitution of India, the petitioner has prayed to quash and set aside the impugned Assessment Order dated 28.12.2022 passed by the respondent under Section 143(3) read with Section 144B of the Income Tax Act, 1961 (For Short "the Act") along with penalty notice dated 28.12.2022 under Section 274 of the Act read with Section 271AAD (1) (i) of the Act for the Assessment Year 2021- 22. 5. The brief facts of the case are as under :- 5.1. The petitione....

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....der Section 143(3) of the Act read with Section 144B of the Act on 28.12.2022 without considering the reply filed by the petitioner. On the same date the petitioner also received notice under Section 274 of the Act read with Section 271AAD(1) (i) of the Act. Both the Assessment Order as well as penalty notice are impugned in the present writ petition. 6. Learned advocate Mr. Darshan Patel for the petitioner submitted that the final Assessment Order passed by the respondent is in gross violation of the principles of natural justice. In the show cause notice dated 115.12.2022, the respondent granted time of less than two days time to the petitioner to file its reply. It was further submitted that non-granting minimum 15 days time is contra....

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....e instant case, the fact is not in dispute that the petitioner was not given appropriate time to respond to the notice issued under Section 142(1) of the Act and the final Assessment Order was passed without hearing the petitioner. 9. In view of the same, the impugned Assessment Order dated 28.12.2022 passed by the respondent under Section 143(3) read with Section 144B of the Act along with penalty notice dated 28.12.2022 under Section 274 of the Act read with Section 217AAD (1) (i) of the Act for the Assessment Year 2021-23 are not tenable and the same are required to be quashed and set-aside. 10. Considering the facts of the case, the petition succeeds and is accordingly allowed. The impugned Assessment Order dated 23.03.2024 passed....