9911796707
TMI Blog2024 (8) TMI 50X X X X Extracts X X X X X X X X Extracts X X X X ..... be granted a partial relief by setting aside the impugned order explaining the position as to the limitation. In case, the petitioner succeeds on limitation, the demand that has been proposed may be dropped. On the other hand, in case, the Officer has come to a conclusion during the hearing that no case is made out for dropping the assessment on account of limitation, the petitioner shall be ready to make submissions on merits. The first respondent shall pass suitable order on merits as expeditiously as possible, preferably, within a period of six months from the date of receipt of a copy of this order. Needless to state, the petitioner is at liberty to file additional written submissions. The petitioner shall also be heard before passing f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eed and FDR shall be produced into Court within one month from the date of sale. 3. Pursuant to the aforesaid order, an Advocate Commissioner was appointed by the Court and the property purchased in the year 2007 was sold by the Advocate Commissioner in favour of one Mrs.Malliga Janakiraman for a sum of Rs. 1,50,01,000/-(Rupees One Crore Fifty Lakhs and One Thousand only). This is the subject matter of dispute under Section 148 of the Income Tax Act, 1961. 4. The petitioner had approached this Court thrice, both at the stage of Section 148 notice which the constitutional validity of the Notification issued under the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020, was challenged. Challenging the notice iss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner may be given one opportunity to explain the position before the first respondent. 8. The learned Senior Standing Counsel for the respondents, on the other hand, would submit that the Writ Petition is liable to be dismissed, as the petitioner has an alternate remedy before the Appellate Commissioner under Section 246(A) of the Income Tax Act, 1961. It is further submitted that the Hon'ble Division Bench had also given such liberty while passing the final order on 29.03.2022. It is further submitted that the notice was served on 01.04.2021 and therefore, the last date for completion of the assessment will be 31.03.2023 and therefore, there is no merit in this Writ Petition. 9. I have considered the submissions made by the lear ..... X X X X Extracts X X X X X X X X Extracts X X X X
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