Gyan Prakash v. Union of India/Principal Chief Commissioner of Income-tax, Patna/Commissioner of Income-tax, Patna/JCIT, Patna/DCIT, Patna/ACIT, Patna/ITO,Ward-6(4), Patna
[Citation -2020-LL-1124-42]

Citation 2020-LL-1124-42
Appellant Name Gyan Prakash
Respondent Name Union of India/Principal Chief Commissioner of Income-tax, Patna/Commissioner of Income-tax, Patna/JCIT, Patna/DCIT, Patna/ACIT, Patna/ITO,Ward-6(4), Patna
Court HIGH COURT OF PATNA
Relevant Act Income-tax
Date of Order 24/11/2020
Assessment Year 2016-17
Judgment View Judgment
Keyword Tags delay in filing appeal • hypothetical income • capital gain


IN HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.25561 of 2019 Mr. Gyan Prakash Son of late Kanahiya Prasad, Flat No. 301 Sharanam Apartment, Nehru Nagar, Patliputra More, P.O. and P.S. Patliputra, Patna, -800013 ... ... Petitioner/s Versus 1. Union of India through Principal Chief Commissioner of Income Tax, Birchand Patel Marg, Patna. 2. Principal Chief Commissioner of Income Tax, C.R. building, Birchand Patel path, Patna- 800001 3. Commissioner of Income Tax, C.R. building, Birchand Patel path, Patna- 800001 4. Joint Commissioner of Income Tax, Lok Nayak Bhawan, Dakbanglow Road, Patna- 800001 5. Deputy Commissioner of Income Tax, Lok Nayak Bhawan, Dakbanglow Road, Patna- 800001 6. Assistant Commissioner of Income Tax, Lok Nayak Bhawan, Dakbanglow Road, Patna- 800001 7. Income Tax Officer Ward No. 6 (4), Lok Nayak Bhawan, Dakbanglow Road, Patna- 800001 ... ... Respondent/s Appearance : For Petitioner/s : Mr. Prakash Sahay, Advocate For Respondent/s : Mr. (Dr.) K. N. Singh, ASG Mr. Rishi Raj Sinha, Mrs. Archana Sinha, Advocates CORAM: HONOURABLE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 24-11-2020 Heard parties. Petitioner has prayed for following relief:- For issuance of appropriate writ/writs, order/orders, direction/directions towards cancellation/quashing notice dated 21.11.2019 issued by respondent 7 for Patna High Court CWJC No.25561 of 2019 dt.24-11-2020 2/3 completing Assessment proceeding u/s 143(3) of Income Tax Act, 1961 for assessment year 2016-17 for capital gain of Rs.6,91,135 on Hypothetical Income calculated by respondent. Respondent authority has ignored operative part of act under which calculation of capital gain is to be decided. Section 48 explanation iii and Section 54 F of Income Tax Act has been left aside and has taxed petitioner on hypothetical income. notice of respondent directly affects fundamental right of petitioner and liability has been imposed on hypothetical income which could not be taxed under Sections 45 and 48 of Act. There is no construction till date has taken place by builder on agreement and nor any plan has been sanctioned till date. Impugned notice dated 21.11.2019 (Annexure-2) may kindly be quashed. This writ petition was directed to be tagged with C.W.J.C. No.3364 of 2019 (Anant Kumar Verma Vs. Principal Chief Commissioner of Income Tax and others) as issue raised in present writ petition is similar to that of issue raised in C.W.J.C. No.3364 of 2019 (Anant Kumar Verma Vs. Principal Chief Commissioner of Income Tax and others). It has been brought to notice of this Court that C.W.J.C. No.3364 of 2019 (Anant Kumar Verma Vs. Principal Patna High Court CWJC No.25561 of 2019 dt.24-11-2020 3/3 Chief Commissioner of Income Tax and others) has been disposed of by order dated 16.01.2020 and present writ petition is squarely covered by said judgment and order and is disposed of in similar terms. Writ petition is disposed of with liberty to petitioner to file appeal before appellate authority within two weeks and appellate authority shall decide appeal within four weeks from date of filing of such appeal. delay in filing appeal shall be condoned by appellate authority as matter remained pending before this Court and appellate authority shall decide appeal on its own merit within aforesaid period as indicated above. (Sanjay Karol, CJ) ( S. Kumar, J) Sanjay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 30.11.2020 Transmission Date NA Gyan Prakash v. Union of India/Principal Chief Commissioner of Income-tax, Patna/Commissioner of Income-tax, Patna/JCIT, Patna/DCIT, Patna/ACIT, Patna/ITO,Ward-6(4), Patna
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