Mr. Gyan Prakash Son Of Late Kanahiya Prasad, Flat v. Union Of India Through Principal Chief Commissioner Of Income Tax,Birchand Patel Marg, Patna.birchand Patel Marg, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNACivil Writ Jurisdiction Case No.25561 of 2019 ====================================================== Mr. Gyan Prakash Son of late Kanahiya Prasad, Flat No. 301 SharanamApartment, Nehru Nagar, Patliputra More, P.O. and P.S. Patliputra, Patna,-800013 ... ... Petitioner/s Versus 1.Union of India through Principal Chief Commissioner of Income Tax,Birchand Patel Marg, Patna.Birchand Patel Marg, Patna. 2.Principal Chief Commissioner of Income Tax, C.R. building, Birchand Patelpath, Patna- 800001path, Patna- 800001 3.Commissioner of Income Tax, C.R. building, Birchand Patel path, Patna-800001800001 4.Joint Commissioner of Income Tax, Lok Nayak Bhawan, Dakbanglow Road,Patna- 800001Patna- 800001 5.Deputy Commissioner of Income Tax, Lok Nayak Bhawan, DakbanglowRoad, Patna- 800001Road, Patna- 800001 6.Assistant Commissioner of Income Tax, Lok Nayak Bhawan, DakbanglowRoad, Patna- 800001Road, Patna- 800001 7.Income Tax Officer Ward No. 6 (4), Lok Nayak Bhawan, Dakbanglow Road,Patna- 800001Patna- 800001 ... ... Respondent/s ======================================================Appearance :For the Petitioner/s: Mr. Prakash Sahay, Advocate For the Respondent/s: Mr. (Dr.) K. N. Singh, ASG Mr. Rishi Raj Sinha, Mrs. Archana Sinha, Advocates ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMARORAL JUDGMENT(Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 24-11-2020 Heard the parties. Petitioner has prayed for following relief:- “For issuance of appropriate writ/writs, order/orders,direction/directions towards cancellation/quashing thenotice dated 21.11.2019 issued by respondent 7 for completing the Assessment proceeding u/s 143(3) of theIncome Tax Act, 1961 for the assessment year 2016-17for capital gain of Rs.6,91,135 on a HypotheticalIncome calculated by the respondent. Respondentauthority has ignored the operative part of the act underwhich the calculation of capital gain is to be decided.Section 48 explanation iii and Section 54 F of theIncome Tax Act has been left aside and has taxed thepetitioner on hypothetical income. The notice of therespondent directly affects the fundamental right of thepetitioner and liability has been imposed onhypothetical income which could not be taxed underSections 45 and 48 of the Act. There is no constructiontill date has taken place by the builder on the agreementand nor any plan has been sanctioned till date.Impugned notice dated 21.11.2019 (Annexure-2) maykindly be quashed.” This writ petition was directed to be tagged withC.W.J.C. No.3364 of 2019 (Anant Kumar Verma Vs. PrincipalChief Commissioner of Income Tax and others) as issue raisedin present writ petition is similar to that of issue raised inC.W.J.C. No.3364 of 2019 (Anant Kumar Verma Vs. PrincipalChief Commissioner of Income Tax and others). It has been brought to the notice of this Court thatC.W.J.C. No.3364 of 2019 (Anant Kumar Verma Vs. Principal Chief Commissioner of Income Tax and others)has beendisposed of by order dated 16.01.2020 and present writ petitionis squarely covered by said judgment and order and is disposedof in similar terms. Writ petition is disposed of with liberty to petitioner tofile appeal before the appellate authority within two weeks andappellate authority shall decide the appeal within four weeksfrom the date of filing of such appeal. The delay in filing appealshall be condoned by the appellate authority as the matterremained pending before this Court and appellate authority shalldecide the appeal on its own merit within aforesaid period asindicated above. (Sanjay Karol, CJ) ( S. Kumar, J) Sanjay/- AFR/NAFRNAFRCAV DATENAUploading Date30.11.2020Transmission DateNA