Vijay Thakkar Vs National Faceless Assessment Centre & Anr (Gujarat High Court)
The Gujarat High Court addressed a petition filed by Vijay Thakkar against the National Faceless Assessment Centre & Anr, challenging an assessment order and seeking a remand of the matter.
Case Background and Petitioner’s Contentions
The petitioner, an individual company with income from business, profession, and rent, filed their original return for the Assessment Year (AY) 2023-24 on December 30, 2023, declaring a total income of Rs. 18,58,300/-. The petitioner’s case was selected for scrutiny assessment under the faceless assessment scheme.
Key procedural steps involved:
- June 27, 2024: Notice issued under Section 144B of the Income-Tax Act, 1961, for completion of assessment, along with a notice under Section 143(2).
- July 10, 2024: Notice issued under Section 142(1) requesting details like the nature of business, Profit & Loss Account, Balance Sheet, and bank account details.
- October 6, 2024: Petitioner filed a reply with documents.
- January 27, 2025: Another notice under Section 142(1) requested an explanation for the source of investment in immovable property and other investments.
- February 21, 2025: A show-cause notice-cum-Draft Assessment Order was issued regarding a proposed variation in income.
- March 10, 2025: The petitioner filed a reply to the show-cause notice, along with ten enclosures, following an adjournment request on February 28, 2025.
The impugned Assessment Order, dated March 11, 2025, was passed under Section 143(3) read with Section 144B. The petitioner sought to have this order quashed and set aside, a fresh order passed after an opportunity of hearing, and a stay on the recovery of the demand of Rs. 3,87,96,693/- under Section 156.
