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TMI Blog2023 (5) TMI 845X X X X Extracts X X X X X X X X Extracts X X X X ..... ss, Mr Gupta says that he does not wish to file a counter-affidavit in the matter and he will argue the matter based on the record, as is presently available with the court. Therefore, with the consent of the learned counsels for the parties, the writ petition is taken up for hearing and final disposal, at this stage itself. 3. This writ petition concerns Assessment Year (AY) 2018-19. 4. This writ petition is directed against the assessment order dated 03.03.2023 passed under Section 147, read with section 144B of the Income Tax Act, 1961 [in short, "Act"]. 4.1 Besides this, challenge is also laid to the notice dated 17.03.2022 issued under Section 148A(b) and the order dated 31.03.2022 passed under Section 148A(d) of the Act. 4.2 In ad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Shg. Kuldeep Singh, R/o. C-112, Mansarovar Garden, Delhi, PAN: ABMPS7036B Smt. Gurjit Kaur W/o. Bhupinder Singh Vasika No. 12389 dated 21.02.2018; 7 Marla 34.5 sq. ft. 70,50,000/- 2. Sh. Inderpal Singh S/o. Sh. Kuldeep Singh R/o. C-112, Mansarovar Garden, Delhik, PAN: ABMPS7036B Smt. Kuldip Kaur W/o. Harpreet Singh Vasika No. 12390 dated 21.02.2018; 7 Marla 34.5 sq. ft. 70,50,000/- 4. ln this regard, profiling of Sh. Inderpal Singh, S/o Sh. Kuldeep Singh having PANABMPS7036B was done and following facts were revealed in relation to capital gain: - A.Y. Full Value Consideration Deduction u/s 48 Deduction u/s 54 LTCG 2018-19 1,41,00,000/- (70,50,000/- plus 70,50,000/- 89,26,134/- 51,73,866/- ___ 5. It is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... caped assessment in his case for the relevant assessment year. 8. However, assessee has submitted his reply on 25/03/2022 and submitted point wise reply to the show issued to him and also submitted that the LTCG on sale of property is disclosed by the assessee in his return filed no proof related to the same was attached by the assesse therefore, the reply of the assessee is not acceptable. 9. The information and material available on record has been analyzed and the following observations are made: a. The assessee has been involved in the above mentioned high value transactions to the tune of Rs. 1,01,50,000/- for year under consideration. 10. Therefore, I have reasons to believe that income chargeable to tax has escaped assessme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eeking accommodation was that the petitioner had to gather the material relevant for his defence. 12. It appears that without dealing with the request for accommodation, the AO passed the impugned assessment order dated 03.03.2023. 13. Clearly, the petitioner was not heard in support of his stand. There is, therefore, if nothing else, a breach of principles of natural justice, as the AO, without dealing with the request for accommodation, proceeded to pass the impugned assessment order dated 03.03.2023. 14. Therefore, on this singular ground, we are inclined to set aside the impugned assessment order dated 03.03.2023 and the order dated 31.03.2022 passed under Section 148A(d) of the Act. It is ordered accordingly. 14.1 Needless to state ..... X X X X Extracts X X X X X X X X Extracts X X X X
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