- (1.) Heard Sri Pradeep Agrawal, learned Counsel for the petitioner and Sri Manish Misra, learned Counsel for the respondents.
(2.) Petitioner has approached this Court by filing instant writ petition under Article 226 of the Constitution of India challenging the notice under section 153A of the Income Tax Act along with notices under section 143 (2) of the Act for the assessment years 2011-12 to 2016-17. The petitioner apprehends that for the block assessment for the aforesaid years the assessing officer will include the income declared by the petitioner under the Pradhan Mantri Garib Kalyan Yojana, 2016 (in short "PMGKY") for which the petitioner has already paid tax of Rs.6,01,91,010/- despite the fact that under clause 199I of the said scheme the amount of undisclosed income declared in accordance with section 180 shall not be included in the total income of the declarant for any assessment year under the income tax act, if the declarant make the payment of tax and surcharge referred to in section 184 and penalty referred to in section 185, by the date specified under subsection (1) of section 187.
(3.) Learned Counsel for the petitioner has submitted that in pursuance to the Pradhan Mantri Garib Kalyan Yojana, 2016, he had deposited a sum of Rs.10,45,00,000/- (Ten crore forty five thousand only) in Current Account No.437201010035238 with Union Bank of India after demonetization of currency on 09.11.2016 and simultaneously a sum of Rs.4,65,96,000/- (Four crore sixty five lakh ninety six thousand only) was deposited in Current Account No.053010200014049 with Axis Bank out of the sale proceeds for the period 01.04.2016 to 31.03.2017. On 09.12.2016, a notice under Section 131 of the Income Tax Act, 1961 was issued by the Assistant Director of Income Tax (Investigation)-II, Lucknow to furnish the details of the cash deposited in the aforesaid bank accounts after 10.11.2016 alongwith a copy of the audited accounts for the Financial Year 2015-16.;