Ayashree Finvest Private Limited Vs ITO (Calcutta High Court)
The Calcutta High Court has dismissed a writ petition filed by Ayashree Finvest Private Limited, challenging an order dated February 18, 2025, passed under Section 147 read with Section 144B of the Income Tax Act, 1961, for the assessment year 2016-17.
The petitioner argued that their submitted documents were not considered by the Faceless Assessing Unit. Additionally, a show-cause notice, issued due to an alleged failure by the petitioner’s accountant, could not be responded to.
The High Court, after hearing arguments, noted that the impugned order is appealable under existing statutes. The court emphasized that the petitioner has a full opportunity to raise all their concerns before the appellate authority, which is statutorily bound to consider all points.
Consequently, the writ petition was dismissed. However, the court clarified that this dismissal does not bar the petitioner from filing an appeal. Considering the petition’s pending status since March 6, 2025, the High Court directed the appellate authority to hear and dispose of any appeal on its merits, provided the petitioner files it within four weeks and completes all necessary formalities.
FULL TEXT OF THE JUDGMENT/ORDER OF CALCUTTA HIGH COURT
1. The instant writ petition has been filed challenging an order dated 18thFebruary, 2025 passed under Section 147 read with Section 144B of the Income Tax Act, 1961 (hereinafter referred to as ‘the said Act’) for the assessment year 2016-17.
