APPLEWOODS ESTATE PRIVATE LIMITED Vs. ADDITIONAL

JUDGEMENT

(1.) Rule. Mr. Varun Patel, learned advocate waives service of notice of rule on behalf of respondent No.2.

(2.) This petition is filed challenging the order dtd. 21/9/2022, under Sec. 143(3) read with Sec. 144B of the Income Tax Act, 1961 (" The Act " for short), passed by respondent No.1, for assessment Year 2020-2021. In the order dtd. 21/9/2022, the total income of the assessee has been assessed at Rs.290,21,61,734.00.

(3.) The assessee is a private limited company engaged in business of development of real estate projects. The assessee filed its return of income for A.Y.2020-2021 on 13/2/2021, declaring income at Rs.218,99,04,610.00. The said return was selected for scrutiny and notices under Sec. 143(3) and 142(1) were issued. The last notice issued was on 25/8/2022 to which the assessee responded on 2/9/2022. It is the case of the assessee that with reply to the show cause dtd. 21/3/2022, it sought for personal hearing. Once again, with the reply dtd. 25/8/2022, video conference (V C) hearing was sought on 2/9/2922, through web portal. The screen shot placed on record, supports the case of assessee that in response dtd. 2/9/2022, the assessee sought for personal hearing with the reason that matter requires explanation due to complexity of facts. Thereafter, one more opportunity of personal hearing was sought vide communication dtd. 21/9/2022 seeking personal hearing. However, to the shock and surprise of the assessee, without acceding to the request of V C hearing, the order under Sec. 143(3) read with Sec. 144B of the Act was passed on 21/9/2022 for A.Y.2020-2021. The demand notice under Sec. 156 dtd. 20/9/2022 has been issued and the penalty notice under Sec. 274 read with 271AAC(1) dtd. 21/9/2022 was also served to the assessee. Aggrieved by the action of the respondents not acceding to the request of providing an opportunity of personal hearing before passing an order dtd. 21/9/2022, present petition is filed.