This Writ Petition Was Directed To Be Tagged Withc.w.j.c v. Principalchief Commissioner Of Income Tax And Others) As Issue Raisedin Present Writ Petition Is Similar To That Of Issue Raised Inc.w.j.c

IN THE HIGH COURT OF JUDICATURE AT PATNACivil Writ Jurisdiction Case No.25640 of 2019 ====================================================== Mrs. Anita Kumari W/o Mr. Gyan Prakash, Flat No. 301 SharanamApartment, Nehru Nagar, Patliputra More, P.O. and P.S. Patlliputra, Patna800013. ... ... Petitioner/sVersus 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 800001.Path Patna 800001. 3.Commissioner of Income Tax, C.R. Building, Birchand Patel Path Patna800001.800001. 4.Joint Commissioner of Income Tax, Lok Nayak Bhawan, Dakbanglow Road,Patna 800001.Patna 800001. 5.Deputy Commissioner of Income Tax, Lok Nayak Bhawan, DakbanglowRoad, Patna 800001.Road, Patna 800001. 6.Assistant Commissioner of Income Tax, Lok Nayak Bhawan, DakbanglowRoad, Patna 800001.Road, Patna 800001. 7.Income Tax Officer ward 6 (4), Lok Nayak Bhawan, Dakbanglow Road,Patna 800001.Patna 800001. ... ... Respondent/s ======================================================Appearance :For the Petitioner/s: Mr.Prakash Sahay, Advocate For the Respondent/s : Mr. Rishi Raj Sinha Mr.Prakash Sahay, Advocate Mr. Rishi Raj SinhaMrs. 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 the noticedated 21.11.2019 issued by respondent 7 for completing theAssessment proceeding u/s 143(3) of the Income Tax Act, 1961 for the assessment year 2016-17 for capital gain ofRs.6,91,135 on a Hypothetical Income calculated by therespondent. Respondent authority has ignored the operativepart of the act under which the calculation of capital gain is tobe decided. Section 48 explanation iii and Section 54 F of theIncome Tax Act has been left aside and has taxed the petitioneron hypothetical income. The notice of the respondent directlyaffects the fundamental right of the petitioner and liability hasbeen imposed on hypothetical income which could not betaxed under Sections 45 and 48 of the Act. There is noconstruction till date has taken place by the builder on theagreement and nor any plan has been sanctioned till date.Impugned notice dated 21.11.2019 (Annexure-2) may kindlybe 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. PrincipalChief 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 to file 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