Wp/3304/2022 Of Akshar Real Tors v. Asst. Commissioner Of Income Tax And Ors

Digitally signedby MEERAMEERAMAHESHMAHESHJADHAVDate:JADHAV2024.01.1911:15:24+0530 1/2 915-wp-3304-22-order-2.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAYCIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3304 OF 2022 Akshar Realtors ….Petitioner V/s.Asst. Commissioner of Income Tax Circle 27(1) & Ors.....Respondents ---- Ms Ritika Agarwal a/w Ms Ayesha Ansari i/b Acelegal for Petitioner.Mr. Vipul Bajpayee for Respondents. ---- CORAM : K. R. SHRIRAM & Dr. NEELA GOKHALE, JJ.DATED : 12[th] DECEMBER 2023 P.C. : 1Petitioner’s objections to the reopening for AY-2017-18 has beenrejected by an order dated 10[th] March 2022. Petitioner is impugning anotice dated 30[th] March 2021 issued under Section 148 of the Income TaxAct 1961 (the Act), for reopening and order rejecting the objections. 2Ms Agarwal admits that petitioner had taken an unsecured loan fromsome companies mentioned in the order disposing objections but is not ableto identify which out of 105 comapnies listed. Ms Agarwal states that thepetition can be disposed by giving liberty to petitioner to file furthersubmissions before respondents and before respondents proceed to pass theassessment order under Section 147 read with Section 148 of the Act. MsAgarwal states within one week petitioner will address a communication to respondents asking for the material and details required. Respondents shall Meera Jadhav:- This order has been corrected pursuant to speaking to the minutes of order dated 16[th]January 2024. provide those materials within two weeks of receiving the request and ifcertain material cannot be provided, give reasons for their inability toprovide. Respondents may, thereafter pass such order as deemed fit inaccordance with law and before passing any order, a personal hearing shallbe given to petitioner, notice whereof shall be communicated at least fiveworking days in advance. The assessment order shall be passed on or before31[st] March 2024. 3Petition disposed. 4We clarify that we have not made any observations on the merits ofthe matter. (Dr. NEELA GOKHALE, J.) (K. R. SHRIRAM, J.)