9911796707
TMI Blog2024 (4) TMI 602X X X X Extracts X X X X X X X X Extracts X X X X ..... No. 3 produced as per Annexures-D and F. 2. Heard the learned counsel Sri. Mallaharao K for learned counsel Sri. H.R. Kambiyavar for the petitioner and learned counsel Sri. Thirumalesh M. for learned counsel Smt. Roopa Anvekar for the respondents. 3. Learned counsel for the petitioner contended that petitioner is a partnership firm and is an assessee under the Income Tax Act, 1961 (hereinafter referred to as 'the Act' for short). It engaged in the business of logistics services. For the assessment year 2014-15, the petitioner could not file its income tax returns. Respondent No. 3 issued notice under Section 148 of the Act on 29.03.2021 directing the petitioner to file its returns within a period of 35 days. Since it was during second wai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... owever, once again hard copies of the notices were sent to the petitioner through speed post. Even the said notices were served on the petitioner, but there was no compliance by the petitioner. Finally, show-cause notice under Section 144 of the Act was issued on 08.03.2022 fixing the date of hearing on 13.03.2022 cautioning the petitioner that, if he failed to show-cause as to why the assessment should not be completed under Section 144 of the Act, the authority will proceed to pass necessary assessment order. In spite of that, there was no response. Annexure-D is the assessment order, which discloses that assessee has escaped assessment within the meaning of Section 147 of the Act and notice under Section 148 of the Act was issued on 30.0 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng Covid-19 also cannot be accepted. Under such circumstances, even though I do not find any reason to entertain the petition, only to afford one more opportunity to the petitioner of being heard, I deem it appropriate to quash the assessment order produced as per Annexure-D and demand notice as per Annexure-F, in the interest of justice. Accordingly, I proceed to pass the following: ORDER i) The writ petition is allowed. ii) The impugned assessment order and demand notice dated 19.03.2022 issued by respondent No. 3 produced as per Annexures-D and F are quashed. iii) The petitioner is directed to file income tax returns for the assessment year 2014-15 with respondent No. 3 within 30 days from today and to cooperate in compliance of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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