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TMI Blog2022 (5) TMI 859X X X X Extracts X X X X X X X X Extracts X X X X ..... in the name of Jindal Dyechem Industries Pvt. Ltd. (successor to Lumax Caplease Private Limited) i.e., the amalgamated entity and the issue as to whether income has escaped assessment or not is a question of fact which the petitioner can agitate in appeal proceedings. HELD THAT:- Having heard learned counsel for the parties, this Court is of the view that even if the submission of learned co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... MANMOHAN, J (Oral): 1. Present writ petition has been filed challenging the reassessment notice dated 28th March, 2021 issued under Section 148 of the Income Tax Act, 1961 [ the Act ] for the assessment year 2015-16. The petitioner also seeks to challenge the assessment order dated 30th March, 2022 passed under Section 147 read with Section 143(3) of the Act. 2. Learned counsel for the Pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y and an assessment order dated 16th December, 2017 has been passed accepting the same. 4. Learned counsel for the Petitioner further states that the impugned assessment order has been issued in violation of the principles of natural justice as the Petitioner was not given an opportunity of being heard. He also points out that show cause notice dated 28th March, 2022 was signed on 14:52 hours o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted, then also the impugned assessment order is liable to be set aside as the Petitioner had no opportunity to deal with or respond to the show cause notice dated 28th March, 2022 as it had been issued after the date and time of compliance had expired. 8. Consequently, the impugned assessment order is set aside on the short ground of being violative of principle of natural justice and the matte ..... X X X X Extracts X X X X X X X X Extracts X X X X
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