Vasupujya Infrastructures LLP v. National Faceless Assessment Centre, Government of India

Case Laws Analysis
REFERRED Agarwal JMC Joint Venture v Asstt/Jt/Dy CIT/ITO 2022 TaxPub(DT) 4348 (Guj-HC)

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The Tax Publishers2024 TaxPub(DT) 1509 (Guj-HC) IN THE GUJARAT HIGH COURT N. V. ANJARIA & BHARGAV D. KARIA JJ. Vasupujya Infrastructures LLP v. National Faceless Assessment Centre, Government of India R/Special Civil Application No. 4806 of 2022 29 August, 2022 Petitioner by: Tushar Hemani, Senior Advocate, with Vaibhavi K. Parikh, Advocate, Respondent by: Hirak Shah for Nikunt Raval, Advocates, JUDGMENT *N. V. Anjaria J.* With request and consent of learned advocates for the parties, the petition was taken up for final consideration today. 2. Rule, returnable forthwith. The learned advocate Mr. Hirak Shah waives service of rule. 3. Heard learned senior advocate Mr. Tushar Hemani assisted by learned advocate Ms. Vaibhavi Parikh for the petitioner and learned advocate Mr. Hirak Shah for learned advocate Mr. Nikunt Raval for the respondent. 4. By this petition under article 226 of the Constitution of India, the peti tioner has prayed to set aside the assessment order dated February 22, 2022, passed under section 147 read with section 144B of the Income-tax Act, 1961 (hereinafter mentioned as 'the Act') and also challenged the demand notice of even date issued under section 156 of the Act, which all related to the assessment year 2017-18. 5. The brief facts of the case are that the petitioner is an LLP incorpo rated on February 21, 2013. The partners of the petitioner had introduced certain capital out of which, the petitioner purchased an immovable property of Rs. 6,28,38,750 on which construction activity was to be carried out in subsequent years. Since the petitioner had not earned any income during the year under consideration, therefore, no return of income was filed for the year under consideration. 5.1 The case of the petitioner was reopened by the respondent by issuance of notice under section 148 of the Act. Various details were called for by the respondent by issuing notices dated 9-12-2021. and 16-12-2021, under section 142(1) of the Act. 5.2 The petitioner vide letter dated 16-12-2021, furnished reply to such notices. 5.3 The respondent prepared a draft assessment order determining the total income of the petitioner at Rs. 6,65,46,550 and issued show-cause notice dated 11-2-2022, calling upon the petitioner to show cause as to why the assessment should not be completed as per the draft assessment order. 5.4 The petitioner vide letters dated 14-2-2022 and 18-2-2022, requested the respondent for adjournment and to afford an opportunity of hearing through videoconference due tocovid-19 demic scenario. SUBSCRIBE FOR FULL CONTENT

The Tax Publishers2024 TaxPub(DT) 1509 (Guj-HC)

IN THE GUJARAT HIGH COURT

N. V. ANJARIA & BHARGAV D. KARIA JJ.

Vasupujya Infrastructures LLP v. National Faceless Assessment Centre, Government of India

R/Special Civil Application No. 4806 of 2022

29 August, 2022

Petitioner by: Tushar Hemani, Senior Advocate, with Vaibhavi K. Parikh, Advocate,

Respondent by: Hirak Shah for Nikunt Raval, Advocates,

JUDGMENT

N. V. Anjaria J.

With request and consent of learned advocates for the parties, the petition was taken up for final consideration today.

2. Rule, returnable forthwith. The learned advocate Mr. Hirak Shah waives service of rule.

3. Heard learned senior advocate Mr. Tushar Hemani assisted by learned advocate Ms. Vaibhavi Parikh for the petitioner and learned advocate Mr. Hirak Shah for learned advocate Mr. Nikunt Raval for the respondent.

4. By this petition under article 226 of the Constitution of India, the peti tioner has prayed to set aside the assessment order dated February 22, 2022, passed under section 147 read with section 144B of the Income-tax Act, 1961 (hereinafter mentioned as 'the Act') and also challenged the demand notice of even date issued under section 156 of the Act, which all related to the assessment year 2017-18.

5. The brief facts of the case are that the petitioner is an LLP incorpo rated on February 21, 2013. The partners of the petitioner had introduced certain capital out of which, the petitioner purchased an immovable property of Rs. 6,28,38,750 on which construction activity was to be carried out in subsequent years. Since the petitioner had not earned any income during the year under consideration, therefore, no return of income was filed for the year under consideration.

5.1 The case of the petitioner was reopened by the respondent by issuance of notice under section 148 of the Act. Various details were called for by the respondent by issuing notices dated 9-12-2021. and 16-12-2021, under section 142(1) of the Act.

5.2 The petitioner vide letter dated 16-12-2021, furnished reply to such notices.

5.3 The respondent prepared a draft assessment order determining the total income of the petitioner at Rs. 6,65,46,550 and issued show-cause notice dated 11-2-2022, calling upon the petitioner to show cause as to why the assessment should not be completed as per the draft assessment order.

5.4 The petitioner vide letters dated 14-2-2022 and 18-2-2022, requested the respondent for adjournment and to afford an opportunity of hearing through videoconference due tocovid-19 demic scenario.