9911796707
TMI Blog2024 (8) TMI 979X X X X Extracts X X X X X X X X Extracts X X X X ..... the contention as urged on behalf of the Respondents in the reply affidavit, that the Petitioner in fact complied with all the requirements under the IDS as also appropriate amount of tax was deposited is sufficient for this Court to accept the case of the Petitioner. Thus, the impugned assessment order cannot be held to be legal. It would be accordingly required to be quashed and set aside on the Respondents own showing that the Petitioner had deposited all the amounts under the IDS. The Petitioner accordingly had become entitled to the benefit under such scheme. We accordingly allow this petition in terms of prayer clause (A) and (B). The Respondents are also directed to issue an appropriate certificate of the deposit of tax under IDS to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd to pass the assessment order dated 22 March, 2022 under Section 147 read with Section 144 and 144B of the Income-tax Act, 1961 ( the Act ) and also to issue the consequential notice under Section 156 and the penalty notice under Section 274 read with 271AA (1) dated 22 March, 2022 was that the Petitioner had although made a declaration/ in form-1 under Income Declaration Scheme, 2016 (IDS) brought into effect from 1 June 2016, the Petitioner had not deposited the tax amounts which would liable to be deposited. This is clear from the annexure to the notice under Section 142 (1) dated 27 December, 2021 wherein paragraph 1 thereof was recorded as under:- 1. It has been noted that your assessee firm, has filed application in IDS,2016, for de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... made under the IDS. 6. In this view of the matter, the basis on which, the Assessing Officer had proceeded that the Petitioner has not complied with the terms and conditions of the IDS and had not deposited the tax certainly was erroneous. 7. Learned Counsel for the Petitioner submits that in view of such deposit, it was incumbent on the Respondents to issue a certificate to the Petitioner in form-4, which has also not been issued so far. 8. Having heard learned Counsel for the parties and having perused the record as also the reply affidavit, we are of the opinion that the contention as urged on behalf of the Respondents in the reply affidavit, that the Petitioner in fact complied with all the requirements under the IDS as also appropriate ..... X X X X Extracts X X X X X X X X Extracts X X X X
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