9911796707
TMI Blog2024 (8) TMI 979X X X X Extracts X X X X X X X X Extracts X X X X ..... ., i/b SPCM Legal, Advocates. For the Respondents : Mr. Suresh Kumar, Advocate. ORAL JUDGMENT (PER : G.S. KULKARNI, J.) 1. Rule. Rule is made returnable forthwith. By consent of the parties the Writ Petition is taken up for final disposal. 2. This petition under Article 226 of the Constitution of India is filed praying for the following reliefs:- A. Issue a Writ of Mandamus or Wri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... basis for the Assessing Officer to issue the impugned notice and 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 declarat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reference and taxed accordingly." 4. Learned Counsel for the Petitioner has submitted that the entire basis for the Assessing Officer to proceed on such assumption that the Petitioner had not deposited the tax was incorrect, inasmuch as the Petitioner had deposited the tax amounts on 30 November, 2016, 30 March, 2017 and 30 September, 2017, the challans of which are also annexed to this petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessing 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iate certificate of the deposit of tax under IDS to the Petitioner within a period of four weeks from the date of a copy of this order being presented before the competent officer. 9. At this stage, learned Counsel for the Petitioner submits that the Petitioner had already filed an appeal before the Commissioner of Income-tax Appeal ("CIT-A"). The said appeal is rendered infructuous in view of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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