CHERUPURATH MOHAMMED JEENS, vs. THE INCOME TAX OFFICER,
What did the High Court hold?
The High Court held that the assessment order did not suffer from any jurisdictional error or violation of the principles of natural justice. The Court noted that the petitioner's written submissions and replies to show cause notices were indeed considered before the assessment order was finalized. Therefore, in the exercise of its limited jurisdiction of judicial review, the Court found no grounds to interfere with the impugned order. The Court disposed of the writ petition, granting the petitioner liberty to approach the Appellate Authority against the assessment order if they were so advised. All contentions were kept open for the petitioner to raise in the appeal. The time spent prosecuting the writ petition was to be condoned for the purpose of filing an appeal, and the Appellate Authority was directed to consider the appeal expeditiously.
What were the facts?
The petitioner, Cherupurath Mohammed Jeens, filed a writ petition challenging an assessment order for assessment year 2013-14, dated May 19, 2023. This order was passed after the assessment was re-opened under Section 148 of the Income Tax Act, 1961. The petitioner had initially filed a return declaring a total income of Rs. 64,990/-. However, the assessment order noted fictitious profits of Rs. 2,46,54,850/- in commodity trading that were not reflected in the original return. A notice under Section 148A(d) was issued on July 22, 2022, followed by a notice under Section 148 requiring the petitioner to file a revised return. The petitioner submitted written submissions and replies to show cause notices, which were considered before the final assessment order was passed.
What were the issues?
1. Whether the assessment order for assessment year 2013-14, passed after re-opening under Section 148 of the Income Tax Act, 1961, suffers from jurisdictional error or violation of principles of natural justice. Assessee's Contention: The petitioner argued that the assessment order was passed without considering their request for an adjournment, as evidenced by Ext.P10, and without any communication regarding this request. The petitioner contended that the assessment order was passed arbitrarily without proper consideration of their submissions. Revenue's Contention: The revenue, through the Income Tax Officer and Assessment Unit, contended that the assessment order was passed after considering the petitioner's written submissions and replies to show cause notices. They argued that the assessment followed due process and did not violate principles of natural justice or jurisdiction.
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 impugned order. In view thereof, the present writ petition is disposed of, with liberty to the petitioner to approach the Appellate Authority against the said order, if he is so advised. All contentions are kept open to the petitioner to be taken in the appeal. The time spent in prosecuting this writ petition shall be condoned while considering the application for condoning the delay in filing the appeal. If the petitioner files the appeal, the Appellate Authority shall consider the appeal, expeditiously. DINESH KUMAR SINGH JUDGE AP APPENDIX OF WP(C) 19373/2023 PETITIONER EXHIBITS Exhibit P1 THEOF THE NOTICE ISSUED UNDER SECTION 148A (B) OF THE ACT DATED 23.05.2022 BY THE 1ST RESPONDENT. Exhibit P2 THEOF THE ORDER ISSUED UNDER SECTION 148A(D) OF THE ACT DATED 22.07.2022. Exhibit P3 THEOF THE NOTICE ISSUED UNDER SECTION 148 OF THE ACT DATED 22.07.2022 ISSUED BY THE 1ST RESPONDENT. Exhibit P4 THEOF THE RETURN FILED BY THE PETITIONER IN LIEU OF THE NOTICE UNDER SECTION 148 OF THE ACT DATED 13.08.2022. Exhibit P5 THEOF THE NOTICE UNDER SECTION 142(1) OF THE ACT ISSUED BY THE 2ND RESPONDENT DATED 09.01.2023. Exhibit P6 THEOF THE REPLY 21.1.2023 FILED BEFORE
THE 2ND
RESPONDENT
WITH ACKNOWLEDGEMENT NUMBER- 929102901210123. Exhibit P7 THEOF THE DRAFT ASSESSMENT ORDER ISSUED BY THE 2ND RESPONDENT FOR AY 2013-14 DATED 26.04.2023. Exhibit P8 THEOF THE REPLY FILED BY THE PETITIONER DATED 1.5.2023 ALONG WITH THE ACKNOWLEDGEMENT. Exhibit P9 THEOF THE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 08.05.2023 . Exhibit P10 THE ADJOURNMENT REQUEST SUBMITTED BY THE PETITIONER AGAINST THE VIDEO CONFERENCE DATED 26.4.2023 Exhibit P11 THEOF THE ASSESSMENT ORDER PASSED UNDER SECTION 147 R.W.S 144B OF THE ACT DATED 19.05.2023 BY THE 2ND RESPONDENT. Exhibit P12 THEOF THE SCREEN SHOT OF THE E- FILING PORTAL OF THE PETITIONER, SHOWING THE PRESENT STATUS. Exhibit P13 THEOF THE LETTER ISSUED BY THE 4TH RESPONDENT DATED 22.05.2022. Exhibit P14of the acknowledgment of the reply filed by the petitioner to the notice dated 23.05.2022 Exhibit P15of judgement in W.P( C) No. 34046/2023 of this Hon'ble Court in case of M/s Alankar Spices dated 23.05.2023 for AY 2014-15
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- Adj Agri International LLP, Rajkot vs The Income Tax Officer, Ward-1(1)(1), RajkotITA 1198/RJT/2026[2018-19]Status: Disposed21 Oct 2026AY 2018-19
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