Wp/20787/2021 Of Raasi Green Earth Energy v. Assistant Commissioner Of Income Tax

IN THE HIGH COURT OF KARNATAKA, BENGALURUDATED THIS THE 2 DAY OF DECEMBER, 2021 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR;WRIT PETITION No.20787 OF 2021 (TIT) BETWEEN: RAAS!] GREEN EAR!]H ENERGONE PRIVATE LIMITEDNO 817, 80 FEET ROAD|3 BLOCK, KORAMANGALA|BENGALURU 560 095REP BY SANDEEP B.C. (BY SMT. SIRI RAJASHEKAR, ADVOCATE FORSRI D.R.RAVISHANKAR, ADVOCATE) .. PETITIONE AND: ASSISTANT COMMISSIONER OF INCOME TAX!INCOME TAK DEPARTMENT.NATIONAL E-ASSESSMENT CENTRE.DELHI, MAYUR BHAVANCONNUAUGHT LANE, BARAKHAMBANEW DELHI 110 001. _ RESPONDENT (BY SRI K.V.ARAVIND, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF|THE CONSTITUTION OF INDIA PRAYING TO QUASH THEASSESSMENT ORDER DATED 23.04.2021 PASSED BY THERESPONDENT (ANNEXURE-D) AND ALSO CONSEQUENTIALNOTICE OF DEMAND U/S 156 OF THE INCOME TAX ACT 1961DATED 23.04.2021 VIDE ANNEXURE-E AND ETC. THIS W.P. COMING ON FOR.PRELIMINARY HEARING IN 'B'GROUP,THIS DAY, THE COURT MADE THE FOLLOWING:- ORDER In this petition, petitioner seeks quashing of the impugnedAssessment Order at Annexure — D dated 23.04.2021 and the|consequential Demand Notice at Annexure —- F_ qate23 04.2021 and for other reliefs. 2 _Heard learnea counsel for the petitioner and|learned counsel for the respondent and perused the material onrecord.| 3 |in addition to reiterating the various contentions|urged in the petition and referring to the documents produced bythe petitioner, learned counsel for the petitioner suomits tnat It Is_the grievance of the petitioner that despite the petitioner|suomitting a reply dated 08.02.2021 to the notice dated18.01.2021 issued by respondent under Section 142(1) of theIncome Tax Act, 1961 (for short, the said Act of 1961), therespondent has not complied with the mandatory requirement ot issuing a draft assessment order and furnishing the same to the|petitioner as mandatorily required under Section 144B(i) (xvi)bof the said Act of 1961 and consequently, the impugnedAssessment Order at Annexure — D dated 23.04.2021 and the|consequential Demand Notice at Annexure — E dated.23.04.2021 deserves to be quashed. It is further submitted that no adequate or reasonable opportunity was granted to thepetitioner before passing of the Impugned assessment order,which Is violative of principles of natural justice and deserves tobe quashed. 4Per contra, learned counsel for the respondent|would support the impugned assessment order and aemandnotice and submits tnat there Is no merit in the petition and thesame Is liable to be GismiIssea. 5 |Tnougn several contentions have been urged by the petitioner in support of his claim, having regard to the factthat no reasonable opportunity was granted to the petitioner|Including issuing and furnishing of the aratt assessment order|prior to passing of the Impugned order, | deem it just and|appropriate to set aside the Impugneda Assessment Order andDemand Notice and airect the respondent No.1 to reconsiderthe claim of the petitioner afresn and pass appropriate orders, Inaccordance witn law and In terms of Section 144 B(1)(xvi)b of thesaid Act of 1961. 6.|In the result, | pass the following:| !-".- 1)|Petition is nerepy|allowea SV| I)|Tne impugned Assessment Order at Annexure — Ddated 23.04.2021 and the consequential Demana|Notice at Annexure — F dated 23.04.2021 are set aside. lil)Matter Is remitted back to respondent No.1 to)reconsider tne claim of the petitioner atfresn inaccoraance witn law. Iv)Liberty Is reserved in favour of the petitioner to furnish adaitional documents / objections / etc.,|before respondent No.1. SD/- JUDGE