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TMI Blog2023 (10) TMI 1481X X X X Extracts X X X X X X X X Extracts X X X X ..... er has already filed the reply this Court directs the second respondent to re-consider the matter on merits after providing an opportunity of hearing to the petitioner and pass orders in accordance with law. - Hon'ble Mr. Justice Krishnan Ramasamy For the Petitioner : Mr. S. Namasivayam For the Respondent : Mr. S. Premalatha, Junior Standing counsel for Mr. R.S. Balaji, Senior Standing Counsel ORDER This writ petition has been filed challenging the assessment order passed by the second respondent in DIN:ITVA/AST/S/147/2021- 22/ 1035861448(1) dated 24.09.2021 under section 147 read with Section 144 read with Section 144 B of the Income Tax Act, 1961 (for short, the Act). 2. The case of the petitioner is that she has filed her Income Ta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the second respondent. Immediately, she sent a reply dated 27.09.2021. Taking into consideration, the reply given by the petitioner, on 13.01.2022, the second respondent passed an order under Section 271(1)(b) dropping the penalty proceedings initiated against her, however, confirming the tax demand as made in the assessment order. He further submitted that the rural agricultural land will not fall within the ambit of the term capital asset as defined in Section 2(14) of the Act and that therefore, it will not attract any capital gain tax. He also submitted the sale happened only through the Power of Attorney agent and that the petitioner had received a sale consideration of Rs.4.10 Crores, which is evident from the statement of account ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich case, since the petitioner has already filed the reply on 27.9.2021, this Court directs the second respondent to re-consider the matter on merits after providing an opportunity of hearing to the petitioner and pass orders in accordance with law. 7. The learned counsel for the petitioner submitted that the petitioner has deposited 20% of the tax amount and seeks for refund of the same, since the impugned order has been set aside. 8. However, this Court does not want to express any opinion on the deposited tax amount. Once the impugned order is set-aside, it is for the petitioner to approach the authorities in accordance with law and respondents shall reconsider the matter and reply on the aspect of refund. 9. Accordingly, this writ petit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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