9911796707
Advanced Search 
TMI Blog2022 (10) TMI 611X X X X Extracts X X X X X X X X Extracts X X X X ..... TH, LEARNED STANDING COUNSEL FOR CENTRAL GOVERNMENT APPEARING FOR RESPONDENT NOS.3 AND 5, COMMON ORDER:- (Per Hon'ble Sri Justice C.Praveen Kumar) Heard Sri Challa Gunaranjan, learned counsel for the petitioner, Smt M. Kiranmayee, learned Senior Standing Counsel for Income Tax appearing for respondent Nos.1, 2 and 4, and Sri N. Harinath, learned Standing Counsel for Central Government appearing for respondent Nos.3 and 5, and with their consent, these writ petitions are disposed of at the stage of admission. 2. Since the issue involved in all these writ petitions is one and the same, they are disposed of by this common order taking W.P.No.10853 of 2022 as a lead writ petition. 3. W.P.No.10853 of 2022 came to be filed under Article 226 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) for financial reconstruction in Case No.63/2006. It is said that by an order, dated 20.10.2016, BIFR has provided for a rehabilitation scheme to carry forward and set off of business losses and accordingly, the petitioner was exempted from the provisions of Sections 72 and 80 of the Income Tax Act, 1961 (for short, "the Act"). The Board has further ordered for condonation of delay in filing income tax returns for the years in dispute without levying penalties and interest. Pursuant thereto, the petitioner herein made an application under Section 119(2)(b) of the Act for condonation of delay in filing the returns of income, so that the booked losses for the assessment years 2005-2006 to 2008-2009 amounting to Rs.77,12,39,806/- may be allow ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unt as 'income from other sources' and added to the total income. The draft assessment order also shows levy of penalty under Section 271(1)(c) of the Act for furnishing inaccurate particulars of income. It is said that the show cause notice-cum-draft assessment order was sent to the e-mail of the petitioner on 22.03.2022 at 20:18:54 IST, demanding the petitioner to submit his reply by 23:59 hours of 23.03.2022 failing which the draft assessment order would be finalized. The authorized e-mail ID was tmani@neycer.in but the show cause notice was sent to naveenkumar@neycer.in. The impugned show cause notice was confirmed by passing the assessment order on 24.03.2022. Challenging the same, the present writ petition came to be filed mainly cont ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... into consideration the overall circumstances of the case and the attitude of the petitioner, the learned Standing Counsel would contend that the assessment order was in accordance with law and the same warrants no interference. 6. A rejoinder came to be filed by the petitioner to the counter filed by respondent Nos.1, 2 and 4 stating that the notices under Sections 143(2) and 142(1) of the Act were not sent to the petitioner's authorized e-mail ID and hence, the petitioner was not notified of the same and he was not given an opportunity to notify to the said notices. It is further stated that the petitioner herein was never asked to furnish the computation of total income nor any evidence to support the claim of BIFR declaration at any poi ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
