TaxTMI 
TaxTMI 
2026 (9) TMI 1552
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....same is taken on record. 3. The present Petition challenges, inter alia, the Assessment Order passed under Section 144B read with Section 147 of the Income Tax Act, 1961 ("the Act") dated 26th March 2026, the notice of demand under Section 156 of the Act dated 26th March 2026, and the Show Cause Notices for levy of penalty all dated 26th March 2026, for Assessment Year 2021-22, whereby the total income of the Petitioner was assessed at Rs. 26,83,88,328/- and a demand of Rs. 34,13,91,100/- was raised. 4. In this Petition, the Petitioner has also challenged the validity of the notice under Section 148 of the Act dated 29th March 2025 as well as the constitutional validity of the provisions of Section 147A and Section 292BC of the Act. H....
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....rsonal hearing notice was issued on 22nd March 2026, which is a Sunday, undisputedly signed at 9:27 PM, and which directed the Assessee to appear for a personal hearing on the next day, i.e. 23rd of March 2026 at 12:10 PM. In response to such notice, the Petitioner had sought an adjournment requesting one day's time to appear. Such request was not acceded to. As a result, the Petitioner's representative was compelled to appear at the scheduled time of personal hearing. In the personal hearing, as pleaded in paragraph 3.21 of the Petition, the representative for the Petitioner sought a day's time to file a Reply to the Show Cause Notice and for a personal hearing. However, the same was refused. Further, in paragraph 3.22 of the Petition, it ....
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....ioner to grant one more day's time to file Reply was rejected. This is also not justifiable. b) The notice for personal hearing was issued on 22nd of March 2026 late in the evening at about 9:30 PM requiring the Petitioner to appear the next day afternoon at about 12:10 PM. This again grants insufficient time for the Petitioner to appear for the personal hearing i.e., not even 24 hours. Moreover, the Show Cause Notice itself provides that prior to a personal hearing being granted, the Assessee is given an opportunity to reply to the Show Cause Notice. In the present case, a personal hearing was scheduled before the time to file the Reply had expired. This is again not tenable. c) The Petitioner's request to adjourn the per....