9911796707
TMI Blog2025 (1) TMI 1190X X X X Extracts X X X X X X X X Extracts X X X X ..... notice has been issued after condonation of delay. Had this been brought to the notice of the competent authority, who was in seisin of the penalty proceeding, that would have been definitely considered and an appropriate view would have been taken.
Having regard to the aforementioned submissions on behalf of the petitioner as well as the Department, we set aside the Order under Section 270A and the notice of demand under Section 156. The matter is remitted to the National Assessment Unit, NFAC for passing a fresh order. X X X X Extracts X X X X X X X X Extracts X X X X ..... e writ(s), order(s) or direction(s) quashing the consequential penalty demand of Rs. 33.93 crores communicated vide Demand Notice dated 27.09.2024 issued by the Respondent. (iii) For granting any other relief(s) to which the petitioner is otherwise found entitled for." 3. Learned counsel for the petitioner submits that for the Assessment Year 2022-23, the petitioner had filed its return of income, declaring a total income at Rs. 1,57,734/-. The case of the petitioner was selected for scrutiny under Section 143(3) of the Income Tax Act, read with Section 144(B). An order of assessment determining the income at Rs. 39,77,63,265/- was passed by the assessing authority. The said order of assessment was a subject matter of appeal before the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ice on the same date. The order under Section 270A of the Act of 1961 and the demand notice have been annexed with the writ application as Annexure 'P1' and 'P2' respectively. The petitioner has assailed Annexure 'P1' and 'P2' on various grounds including that of violation of principles of natural justice. It is submitted that in all fairness, equity and justice, the penalty proceedings should have awaited the outcome of the appeal which had already been entertained and the appellate authority was in seisin of the matter. 6. Learned counsel further submits that on a bare perusal of Annexure 'P1' it would appear that the respondent authority of the Assessment Unit while considering the show-cause of the petitioner in the penalty proceeding ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 270A of the Act of 1961 (Annexure 'P1') and the notice of demand under Section 156 of the Act of 1961 (Annexure 'P2'). The matter is remitted to the National Assessment Unit, NFAC for passing a fresh order. 10. At this stage, learned counsel for the petitioner invites our attention towards Section 274 of the Act of 1961 to submit that the said Section mandates that no order imposing a penalty under this chapter shall be made unless the assessee has been heard or has been given a reasonable opportunity of being heard. 11. Learned Senior counsel for the Department does not dispute that in terms of Section 274 of the Act of 1961, the petitioner shall get an opportunity of hearing through faceless facility before the competent authori ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
