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2023 Supreme(Del) 5212

RAJIV SHAKDHER, GIRISH KATHPALIA
Dlf Commercial Projects Corporation – Appellant
Versus
National Faceleass Assessment Centre Delhi – Respondent


Advocates appeared:
Ms Kavita Jha and Mr Aditeya Bali, Advocates, for the Petitioner.
Mr Sanjay Kumar, Sr Standing Counsel with Ms Easha and Ms Hemlata Rawat, Advocates, for the Respondents.

JUDGMENT

[Physical Hearing/Hybrid Hearing (as per request)]

Rajiv Shakdher, J. (Oral)

CM No.30840/2023

1. Allowed, subject to just exceptions.

W.P.(C) 8011/2023 & CM No.30839/2023 [Application filed on behalf of the petitioner seeking interim relief]

2. Issue notice.

2.1. Mr Sanjay Kumar, learned standing counsel, accepts notice on behalf of the respondents/revenue.

3. Given the directions that we propose to pass, Mr Kumar says that he does not wish to file a counter-affidavit and he will argue the matter based on the record presently available with the court. Therefore, with the consent of learned counsels for the parties, the matter is taken up for hearing and final disposal at this stage itself.

4. This writ petition is directed against the assessment order dated 23.05.2023 passed by the respondent/revenue under Section 147 read with Section 144B of the Income Tax Act, 1961 [in short, "Act"]. In addition thereto, challenge is laid to a demand notice of even date, i.e., 23.05.2023 issued under Section 156 of the Act.

4.1. Besides this, challenge is also laid to the penalty notices issued under Section 271A(1)(c) of the Act.

5. To be noted, the aforementioned impugned assessment

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