Toran Vyapar Private Limited v. Income Tax Officer 8(1), Kolkata & Ors

20.6.2023 ks WPA 11623 of 2023 sl. 9 Toran Vyapar Private Limited Vs Income Tax Officer 8(1), Kolkata & Ors. Mr. Avra Mazumder,Mr. Ramesh Kr. Patodia,Ms. Megha Agarwal,Mr. Suman Bhowmik,Mr. Samrat Das … For the Petitioner.Mr. Om Narayan Rai,Mr. Amit Sharma … For the Respondents. Supplementary affidavit filed by the petitioner bekept with the record. Heard learned Advocates appearing for the parties. By this writ petition, petitioner has challenged theimpugned order under Section 148A(d) of the IncomeTax Act, 1961, dated 30[th] July, 2022, relating to theassessment year 2014-15 and subsequent order dated30[th] May, 2023 under Section 147 read with Section144 of the Act. I find that after the order underSection 148A(d), series of notices under Section 142(1)and show-cause-notices were issued to the petitionerbut none was complied with by the petitioner. Onperusal of the impugned order under Section 148A(d)of the Act I find that there is a recording by theAssessing Officer based on enquiry and evidence thatthe Assessee/petitioner received Rs.1,14,76,009/- asaccommodation entry from several entities which appears from the closing balance of sundry debtors inthe books of those entities in the guise of bogusbills/unsecured loans/share capital without anybusiness trading during the relevant financial year2013-14. I also find that there was no proceduralirregularity in passing the order under Section 147 ofthe Act. Ample opportunity was given to the petitionerbefore passing order under Section 148A(d) as well asunder the Section 147 of the Act and also in view ofthe nature of allegation against the business in whichit is involved as well as in view of the fact that theimpugned assessment order under Section 147 of theAct is an appealable order, I am not inclined toentertain this writ petition being WPA 11621 of 2023and accordingly the same is dismissed. However, dismissal of this writ petition and anyobservation made in this order will not have anyimpact in the appeal, if petitioner chooses to fileagainst the aforesaid impugned assessment order,within a period of 15 days from date the same shall beconsidered on merits and the Appellate Authority willnot raise the point of limitation and also the petitionerwill be entitled to take points in the said appeal to befiled which have been raised in this writ petition. ( Md. Nizamuddin, J. )