THE HON’BLE SRI JUSTI CE P.SAM KOSHY AND THE HON’BLE SRI JUSTI CE NARSI NG RAO NANDI KONDA WRI T PETI TI ON No.32442 of 2024

ORDER:

(per the Hon’ble Sri Justice P.Sam Koshy)

Heard Mr. Mohd. Mukhairuddin, learned counsel for the petitioner / assessee; Mr. Vijhay K. Punna, learned Senior Standing Counsel for the Income Tax Department appearing on behalf of respondent Nos.1 and 2, and the learned Deputy Solicitor General of India appearing on behalf of respondent No.3.

2. The instant writ petition under Article 226 of the Constitution of India has been filed by the petitioner assailing the assessment order dated 06.05.2022 passed by respondent No.2 / Assessing Officer holding that since the petitioner has failed to disclose the cash deposits to the tune of Rs.1,52,10,000/-, the same was added as unexplained cash credits in the hands of the petitioner and it was also held that the petitioner shall be liable to pay penalty under Section 271(1)(c) of the Income Tax Act, 1961 (briefly the ‘Act’ hereinafter) for concealment of income.

3. The primary challenge by the petitioner while assailing the impugned order of assessment rather than preferring an statutory appeal was that:-

a) The proceedin