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TMI Blog2022 (9) TMI 510X X X X Extracts X X X X X X X X Extracts X X X X ..... rial uploaded on 5th March 2022. Having heard the learned counsel for Petitioner and the Revenue and having perused the material placed before us and having examined the provisions of Section 144B in relation to the aforesaid facts, we are of the view that this is a fit case for invoking our jurisdiction under Article 226 of the Constitution of India and setting aside the impugned assessment order and remanding the matter back for fresh consideration by the JAO in accordance with the provisions of Section 144B of the Act. Assessment order passed under Section 147 read with Section 144B and the consequent notice of demand of even date under Section 156 of the Act and show cause notice under Section 274 read with Section 271(1)(c) are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sputes. After the elections were held in the year 2015, Petitioner decided to regularize its affairs and after which the accounts for the period 2004-05 to 2016-17 were compiled, audited, adopted and approved at the Annual General Body Meeting held on 24th December 2017. Vide letter dated 31st March 2018, Petitioner requested the respondent no.3 Commissioner of Income Tax (Exemption), Mumbai to allow filing of belated returns for the Assessment year 2004-05 to Assessment year 2015-16 and to claim refund of tax deducted at source for those years. 3. Petitioner s case is that the second respondent Income Tax Officer, Exemption Ward 1(1), Mumbai issued a notice dated 31st March 2021 under Section 148 stating that he had reason to believe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... variation as per the said draft order should not be made to the returned income. 8. It is submitted that the time allowed for filing the response to the show cause notice was till 23:59 hours of 28th March 2022 i.e. only two days time was given for the same. 9. Mr. Vasudev Ginde, learned counsel for Petitioner would submit that 26th March 2022, the date on which the notice was sent and received by Petitioner, was a Saturday and 27th March 2022 was a Sunday, leaving Petitioner hardly any time to collect voluminous data to be submitted by 28th March 2022, as per the said notice. Consequently, Petitioner could not file its response to the said show cause notice due to the short time granted by the NFAC. 10. The NFAC passed the impug ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the response dated 5th March 2022 filed by Petitioner was not considered. This is clearly borne out from paragraph 3 of the draft assessment order as well as the final assessment order, where it is recorded that ..notices u/s 142(1) of the Act were also issued to the assessee-trust but no replies had been furnished by the assessee-trust. 14. An Affidavit-in-Reply dated 11th August 2022 has been filed on behalf of the respondents. Mr. Akhileshwar Sharma, learned senior standing counsel for the Revenue draws the attention of this Court to internal page 34 of the said affidavit to submit that this Court may set aside the assessment orders and restore the same to the file of the Jurisdictional Assessing Officer (JAO) for fresh conside ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... titioner and the Revenue and having perused the material placed before us and having examined the provisions of Section 144B in relation to the aforesaid facts, we are of the view that this is a fit case for invoking our jurisdiction under Article 226 of the Constitution of India and setting aside the impugned assessment order dated 29th March 2022 and remanding the matter back for fresh consideration by the JAO in accordance with the provisions of Section 144B of the Act. 17. Accordingly, the assessment order dated 29th March 2022 passed under Section 147 read with Section 144B of the Act for Assessment year 2015-16 and the consequent notice of demand of even date under Section 156 of the Act and show cause notice under Section 274 re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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