UDAY KUMAR Vs. NATIONAL FACELESS ASSESSMENT CENTRE

JUDGEMENT

(1.) Present writ petition has been filed challenging the order dtd. 30/3/2022 passed under Sec. 147 read with Sec. 144B of Income Tax Act, 1961 (hereinafter referred to as the 'Act'), notice of demand under Sec. 156 and also penalty proceeding initiated under Sec. 274 read with Sec. 271(1)(b) of the Act for the Assessment Year 2015-16 by Respondent no.1. Petitioner also challenges the report of respondent no.2 submitted before the NCLT, to the extent it implicates the Petitioner as the same has been prepared without granting an opportunity of hearing to the Petitioner.

(2.) Petitioner also seeks a direction to Respondent no.3 to provide true and correct information about the role and association of Petitioner in Respondent no.3 company to Respondent no.1 &2.

(3.) Learned counsel for the Petitioner states that the entire proceeding is based on the report of the Resolution Professional filed in NCLT, wherein it is wrongfully alleged that the Petitioner had received a sum of Rs.59,18,00,000.00from 636 investors in M/s Aurochem Buildprop Private Limited. He states that details of the said report were never provided to the Petitioner. He submits that the Petitioner had not been granted a fair hearing and the Respondents had proceeded with a pre determined mind.