RAJ TECHNICAL UNIVERSITY vs. INCOME TAX OFFICER AND ORS
What did the High Court hold?
The High Court disposed of the writ petition by directing that the notice issued under Section 143(2) of the Income Tax Act, 1961, dated 30.08.2010, shall not be given effect to. The court reasoned that the petition had been pending since 2011 and an interim order had stayed the notice since 23.12.2011. The court also stated that it would be open for the respondents (revenue) to take such proceedings as may be available under the law if they seek to reopen the matter. The principle established is that prolonged stays on assessment notices, coupled with the court's inclination to dispose of old matters, can lead to the quashing of such notices, while preserving the revenue's right to initiate fresh proceedings if permissible.
What were the facts?
The petitioner, Rajasthan Technical University, through its Finance Officer, filed a writ petition before the High Court of Judicature for Rajasthan, Bench at Jaipur. The respondents were the Income Tax Officer, Commissioner of Income Tax, Central Board of Direct Taxes, and the State of Rajasthan. The petition has been pending since 2011. A notice under Section 143(2) of the Income Tax Act, 1961, was issued on 30.08.2010, which was stayed by an interim order passed on 23.12.2011. The court noted that a second set of the petition had not been filed.
What were the issues?
1. Whether the notice issued under Section 143(2) of the Income Tax Act, 1961, dated 30.08.2010, should be given effect to, considering the long pendency of the writ petition and the interim stay order. (Question of law and fact) Assessee's Contention: The assessee, Rajasthan Technical University, implicitly sought to quash or prevent the enforcement of the notice under Section 143(2) by filing the writ petition and obtaining an interim stay. The long pendency and the interim order suggest a desire to avoid further proceedings based on that notice. Revenue's Contention: No arguments were recorded for the revenue in the provided judgment.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
Order 22/07/2024
Heard.
Second set of petition has not been filed so far.
The petition is pending since 2011. 4. Notice under Section 143(2) of the Income Tax Act, 1961 issued on 30.08.2010 has remained stayed under interim order passed on 23.12.2011. 5. In these circumstances, we are inclined to dispose off this petition directing that the notice issued earlier on 30.08.2010 shall not be given effect to. However, it will be open for the respondents to take such proceedings as may be available under the law in case they seek to reopen. (ASHUTOSH KUMAR),J (MANINDRA MOHAN SHRIVASTAVA),CJ SANJAY KUMAWAT /TANISHA/35
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