Ms. Rekha Rani Balusu vs. The Income Tax Officer and 4others
What did the High Court hold?
The High Court dismissed the writ petition. The Court held that the primary issue was the petitioner's statutory duty as an assessee to file a return of income, which she admittedly failed to do for Assessment Year 2017-18. This failure compelled the Assessing Officer to resort to a best judgment assessment under Section 144 of the Act. The Court also noted that an order of assessment is an appealable order before the Commissioner of Income Tax (Appeals). Therefore, the Court found no good ground to entertain the writ petition and directed the petitioner to file an appeal before the Commissioner of Income Tax (Appeals), stating that any such appeal would be considered in accordance with law. The Court explicitly mentioned that it had not expressed any opinion on the merits of the case and all contentions were kept open. The operative direction was the dismissal of the writ petition.
What were the facts?
The petitioner, Ms. Rekha Rani Balusu, an assessee under the Income Tax Act, 1961, failed to file a return of income for Assessment Year 2017-18. Consequently, the Income Tax Officer, Ward-11(1), Hyderabad (the 1st respondent), passed a best judgment assessment order under Section 144 read with Section 147 of the Act on September 24, 2021. This order resulted in an addition of Rs. 20,00,260.00 to the petitioner's income. The petitioner, who is a resident of the United States of America, challenged this assessment order by filing a writ petition before the High Court of Telangana, seeking a writ of mandamus to declare the order as arbitrary, illegal, and void. The petitioner also sought a stay on further proceedings, including recovery, pursuant to the assessment order.
What were the issues?
1. Whether the assessment order passed under Section 147 read with Section 144 of the Income Tax Act, 1961, for Assessment Year 2017-18, is arbitrary, illegal, bad in law, void-ab-initio, and violative of the principles of natural justice and constitutional provisions, as contended by the petitioner. Assessee's Contention: The petitioner argued that she did not receive any notice from the Income Tax Department, evidenced by the department seeking her new email ID. She further stated that being a resident of the USA, the matter should be remanded to the Assessing Officer. Revenue's Contention: The revenue, represented by Ms. K. Mamata Chowdary, Standing Counsel for the Income Tax Department, did not explicitly record arguments in the judgment. However, the court's reasoning implies that the primary issue was the petitioner's failure to file a return of income and the availability of an alternative remedy.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
The Court made the following: ORDER
AND THE HON'BLE SRI JUSTICE C.V.BHAS KAR REDDY ORDER: per the Hon'ble the Chief .Iustice ujjal Bhugan) Heard Mr. A.V.A.Siva Kartikeya, learned counsel for the petitioner and Ms. K.Mamata Chowdary, learned Standing Counsel for Income Tax Department for the respondents.
Challenge made in this writ petition is to the assessment order dated 24.OT.2O2L passed by the l"t respondent under Section l4Z of the Income Tax Act, 1961 (briefly ieferred to hereinafter as the.'ActJ read with section 144 thereof.
From a perusal of the assessment order which is more than a year crld, it is seen that petitioner who is an assessee ur.rder the Act did not file return of income for the "assessment year 2O7Z-18 as is required under Section 139 of the Act. Therealter lsr respondent passed best judgment I t THE HON'BLE TH@EHUYAN WBIT PMIaION No.37OB4 of 2022 I W.P.No.37034 o1' 2022 assessment under Section 144 of the Act making an addition of Rs.20,00,260.00 to the income of the petitioner' 4 . Learned counsel for the petitioner submits that petitioner did not receive any notice from the Income Tax Department. The fact that Income Tax Department had sought for ne'*' E-mail ID of the petitioner itself would go to showthatnoticewasnotserveduponthepetitioner.He further submits that petitioner is presently a resident of United States of America' In the circumstances' he prays for remand of the matter to the file of the Assessing Officer'
We are afraid we cannot accede to such prayer of learned counsel for the petitioner' Whether notice has been served or not is the secondary issue' The first and foremost issue is that being an assessee under the Act' there is a corresponding duty on the part of the petitioner to submit return of income. Admittedly, no such return of income was filed compelling the Assessing Officer to resort to best judgment assessment. That apart, al order of assessment is 2 I I , W.P.No.37034 of 2022 alt appealable order before the Commissioner of Income Tax (Appeals).
That being the position, we see no good ground to entertain the writ petition. Petitioner would be at liberty to file appeal before the Commissioner of Income Tax (Appeals) and if such appeal 1S filed, the same shall be considered in accordance with law. We have not expressed any opinion on merit and all contentions are kept open' 7 . Subject to the observations made above, Writ Petition is dismissed. However, there shall be no order as to costs. B. As a sequel, miscellaleous applications pending, if any, in this Writ Petition, shall stand closed. SD/-P.PADMANABHA RE ASSISTANT REGIS //// SECTION FICER
One CC to SRI A. V. A SIVA KARTIKEYA' Advocate [OPUC]
One CC to Ms. K. MAMATA CHOWDARY' S C' for lncome Tax Department loPUCl
Two CD CoPies.
One SPare CoPY 3 R To, MP BS I ,%, '-Y
HIGH COURT DATED:2710912022 1r9 STATE O { oi ! 4 t frsaflfrl ORDER DISMISSING THE WRIT PETITION WITHOUT COSTS tI sttltfl:L o .1 a WP.No.37034 ot 2022 r-(c ) e
More judgments on Section 147
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
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- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
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