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TMI Blog2023 (2) TMI 423X X X X Extracts X X X X X X X X Extracts X X X X ..... nder Section 148 of the Act [i.e., under the old regime] within the next six weeks.Assessing Officer will accord personal hearing to the authorized representative of the petitioner, whereupon he/she will pass a speaking order. X X X X Extracts X X X X X X X X Extracts X X X X ..... d) 25/09/2022 10,000 11 2017-18 271F 28/09/2022 5,000 Total 3,04,62,78,055 8. Mr Sunil Agrawal, learned senior standing counsel, who appears on behalf of the respondent/revenue, seeks accommodation to obtain instructions. 9. Accordingly, list the matter on 31.01.2023. 10. In case instructions are received to resist the writ petitions, counter-affidavit(s) will be filed before the next date of hearing. 11. In the meanwhile, no precipitate action will be taken against the petitioner/assessee." 4. The prayers made in the three writ petitions are more or less identical. The reliefs sought are vis-à-vis the notices dated 30.03.2021 issued under Section 148 of the Income Tax Act, 1961 [in short, "the Act"] i.e., under the old regime and the consequent assessment orders, as also the notice of demand and penalty orders. 5. For the sake of convenience, the prayers made in each of the writ petitions are extracted hereafter: "In W.P.(C) 882/2023 a) issue a writ in the nature of mandamus/ certiorari or any other appropriate writ, order or direction for quashing of: (I) the notice dated 30.03.2021 issued under section 148 of the Income Tax Act, 1961 ('the Act'); ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Act, as well as the recovery notice dated 28.12.2022 issued by the Respondent in the case of the Petitioner for assessment year 2016-17, during pendency of the present petition. In W.P.(C) 907/2023 a) issue a writ in the nature of mandamus/ certiorari or any other appropriate writ, order or direction for quashing of: (I) the notice dated 30.03.2021 issued under section 148 of the Income Tax Act, 1961 ('the Act'); (II) the assessment order dated 30.03.2022 passed under section 147 / 144 along with consequential notice of demand of even date issued under section 156 of the Act; (III) the order dated 25.09.2022 imposing penalty under section 272A(1)(d) of the Act; (IV) the order dated 28.09.2022 imposing penalty under section 271F of the Act; in the case of the petitioner for assessment year 2017-18 and all proceedings / actions consequent thereto, including, but not limited to, the recovery notice dated 28.12.2022. b) grant ad-interim ex-parte relief in terms of prayer (a) above staying the effect and operation of the impugned assessment order dated 30.03.2022 passed under section 147 r.w.s. 144, and all actions/ proceedings consequent thereto, including, but ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... emonstrate, that the export transactions undertaken by the petitioner, post allocation of the new PAN, were registered under the said PAN, and were duly incorporated in the returns filed, as well as the books of accounts concerning the AYs in issue. 9. This apart, Mr Vohra has said, that the proceedings for reassessment are severely flawed, for the reason that the Section 148 notices were not served on the petitioner. 10. It is also Mr Vohra's contention, that in any event, the proceedings are time barred. 11. We may note, that insofar as information given in the table concerning AY 2017-2018 is concerned, Mr Vohra has pointed out, that because of a typographical error, the figure noted in the table as Rs.32,75,95,770/- should be read as Rs.36,75,95,770/-. 11.1 In this context, he has drawn our attention to page 192 [in W.P.(C) 907/2023], which denotes the financial statements and the information contained in paragraph 28(e). 12. Mr Agarwal contests each of the submissions made on behalf of the petitioner. 13. As noted above, what emerges, is that the Assessing Officer, in any event, has not able to crystallize, what according to him is the exact amount of income, which was c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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