Wp/2203/2022 Of Evergreen Equity Research P. Ltd v. Assistant Commissioner Of Income Tax-Circle 4(2)(1) And Anr

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTIONPURTIPRASADWRIT PETITION NO. 2110 OF 2022PARABALONGWITHDigitally signed byPURTI PRASADPARABWRIT PETITION NO. 2203 OF 2022Date: 2024.04.2510:28:27 +0530ALONGWITHWRIT PETITION (L) NO. 13286 OF 2022ALONGWITHWRIT PETITION NO. 2115 OF 2022ALONGWITHWRIT PETITION NO. 2154 OF 2023 Evergreen Equity Research Pvt. Ltd. V/s.Assistant Commissioner of Income TaxCircle 4(2)(1) and Anr. ….Petitioner …Respondents ---- Mr. Nishit Gandhi for Petitioner.Mr. Suresh Kumar for Respondents. ---- P.C. : CORAM : K.R. SHRIRAM & DR. NEELA GOKHALE, JJ. DATED : 23[rd] APRIL 2024 1.The dates of the impugned assessment orders are same in all these petitions. Also of the draft assessment order, so also the grievanceraised by petitioner. Hence we pass the following common order. 2.Without going into the merits of the matter we hereby quashand set aside the Assessment Order dated 25[th] March 2022. The reason whywe have pass this order is because in the Show Cause Notice dated 17[th]March 2022 Respondent No.2 gave time to respond to the Show CauseNotice/Draft Assessment Order by 23:59 hours of 22[nd] March 2022. The notice itself has been issued at 17:26 hours on 17[th] March 2022. Soeffectively only five days time was given. It is petitioner’s case that whenthey attempted to file reply at 5.52 p.m. on 22[nd] March 2022 the portal hadalready been closed. A grievance has been also filed on the same day.Notwithstanding the same, the Assessment Order dated 25[th] March 2022impugned in the petition has been passed by incorrectly recording thatassessee did not comply with the notice within the stipulated period asmentioned in the notice. In the affidavit in reply the same is not evendenied. 3.Therefore, we pass the following order : (a)The Assessment Orders dated 25[th] March 2022and the consequential notices of demand also dated 25[th]March 2022 are hereby quashed and set aside.and the consequential notices of demand also dated 25[th]March 2022 are hereby quashed and set aside. (b)The matters are remanded to the AssessingOfficer.Officer. (c)Petitioner shall file its objections to the ShowCause Notices dated 17[th] March 2022 within two weeksfrom the date petitioner is informed about opening ofthe portal.Cause Notices dated 17[th] March 2022 within two weeksfrom the date petitioner is informed about opening ofthe portal. 4.Within eight weeks thereafter the proceedings shall beconcluded by passing a reasoned order by giving notice of personal hearingconcluded by passing a reasoned order by giving notice of personal hearing at least five working days in advance. If the Assessing officer is going to rely on any judgment or order of any Tribunal or Court, a list thereof shall bemade available to petitioner alongwith the notice of personal hearing. 5.Petitions disposed. 6.We have not expressed any opinion on the merits of the matter. (DR. NEELA GOKHALE, J.) (K.R. SHRIRAM, J.)