M/S. TRANS ASIAN SHIPPING SERVICES (P) LTD vs. THE ASSESSING OFFICER

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WP(C)/1327/2023HC KeralaKLHC01003174202318 October 2023Author: HONOURABLE MR. JUSTICE D. K. SINGH5 pages
AI SummaryRemanded

What did the High Court hold?

The High Court disposed of the writ petition with a direction to the additional third respondent, the Central Board of Direct Taxes (CBDT), to consider the petitioner's application filed under Section 119(2)(b) of the Income Tax Act, 1961, within a period of two months. The Court further directed that if the application was not on record, the petitioner would be intimated to file a fresh one. The petitioner was also to be afforded an opportunity of hearing through virtual mode before the CBDT takes a final decision on the application. The Court did not decide on the merits of accepting the revised return or quashing any orders, as the matter was directed to the CBDT for consideration under the specified section.

What were the facts?

The petitioner, M/s. Trans Asian Shipping Services (P) Ltd., filed a writ petition seeking a direction to the Deputy Commissioner of Income Tax to accept a revised Income Tax return for Assessment Year 2007-08, giving effect to an amalgamation order. The petitioner also sought to quash certain orders and have their revised return considered. During arguments, the petitioner's counsel stated that an application under Section 119(2)(b) of the Income Tax Act, 1961, had been moved before the Central Board of Direct Taxes (CBDT) seeking extension of time for approving/considering the revised return. The petitioner requested that this application be considered.

What were the issues?

1. Whether the Deputy Commissioner of Income Tax should be directed to accept the revised Income Tax return of the petitioner for AY 2007-08, giving effect to an amalgamation order and scheme, and pass final orders after hearing the petitioner? 2. Whether certain records leading to specific exhibits should be quashed as illegal and arbitrary, and consequently, the respondents should be directed to consider the revised return based on an amalgamation order? Assessee's Contention: The petitioner sought directions for the acceptance and consideration of their revised Income Tax return for AY 2007-08, based on an amalgamation order. They also prayed for quashing of adverse orders and consideration of the revised return. Subsequently, the petitioner's counsel submitted that an application under Section 119(2)(b) of the Income Tax Act, 1961, was filed before the CBDT for extension of time to approve/consider the revised return, and requested that this application be directed to be considered. Revenue's Contention: The judgment does not record any specific contentions made by the revenue during the proceedings.

Which sections of the Income-tax Act were involved?

Section 119(2)(b)

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH WEDNESDAY, THE 18TH DAY OF OCTOBER 2023 / 26TH ASWINA, 1945 WP(C) NO. 1327 OF 2023 PETITIONER/S: M/S. TRANS ASIAN SHIPPING SERVICES (P) LTD., TRANS ASIA CORPORATE PARK, XIV/396-C, SEAPORT AIRPORT ROAD, KAKKANAD, COCHIN, PIN - 682037 REPRESENTED BY ITS EXECUTIVE DIRECTOR, MR. WILSON THOMAS , AGED 57 YEARS, S/O GHEVARGHESE THOMAS , RESIDING AT 33/3067-C, PUNNAMOOTTIL, ATTANIYEDATH ROAD, VENNALA P.O., ERNAKULAM, KERALA - 682 028, INDIA, BY ADVS. P.SATHISAN DONA AUGUSTINE RESPONDENT/S: 1 THE ASSESSING OFFICER, INCOME TAX DEPARTMENT, CORP. CIRCLE 2(1), CENTRAL REVENUE BUILDING, I.S PRESS ROAD, ERNAKULAM NORTH P.O., PIN – 682018. 2 THE DEPUTY COMMISSIONER OF INCOME TAX CORP. CIRCLE 2 (1), C.R BUILDING, I.S PRESS ROAD, ERNAKULAM NORTH P.O.,, PIN – 682018. *ADDL.R3 THE CENTRAL BOARD OF DIRECT TAXES, JEEVAN VIHAR BUILDING, NEW DELHI – 110 001, REPRESENTED BY CHAIRMAN. *ADDITIONAL THIRD RESPONDENT IS IMPLEADED AS PER ORDER DATED 18.10.2023 IN I.A.NO.4/2023 IN WP(C) NO.1327/2023. BY ADVS. SRI.JOSE JOSEPH, SC FOR INCOME TAX DEPARTMENT No Advocate THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 1327 OF 2023. 2

J U D G M E N T

The present writ petition has been filed with the following prayers: “i. Issue a writ of Mandamus or such other writ or direction directing the 2nd respondent to accept the revised Income Tax return of the petitioner for AY 2007-'08 giving effect to Exhibit P1 amalgamation order and scheme made there under, physically and to pass final orders therein after hearing the petitioner, ii. Issue a writ of Certiorari or such other writ or direction calling for entire records leading up to Exhibits P7 and quash the same declaring the same as illegal and arbitrary and may consequentially direct the respondents to consider the revised return of the petitioner based on Exhibit Pl order of this Hon'ble Court and to pass final orders therein within a time fixed by this Hon'ble Court, iii. It is humbly prayed that this Hon'ble Court may be pleased to dispense with filing of the translation of vernacular documents, and iv. Pass such other orders or directions which this Hon'ble Court may find deem fit and proper in the circumstances of the case.”

WP(C) NO. 1327 OF 2023. 3

2.

After some arguments, learned counsel for the petitioner submits that the petitioner has moved an application under Section 119(2)(b) of the Income Tax Act, 1961 seeking extension of time before the Central Board of Direct Taxes for approving/considering the revised return and that the said application be directed to be considered and necessary order be passed.

3.

Considering the aforesaid submission, the present writ petition is disposed of with a direction to the additional third respondent, CBDT, to consider Ext.P8 application of the petitioner within a period of two months. If the aforesaid application is not available on record, the petitioner will be intimated soon about the same to file a fresh application. It is also directed to afford the petitioner an opportunity of hearing through virtual mode before taking a final decision on the application filed under Section 119(2)(b) of the Income Tax Act, 1961. WP(C) NO. 1327 OF 2023. 4 With the aforesaid direction, the present writ petition stands finally disposed of. Pending interlocutory applications, if any, in the writ petition would stand dismissed. DINESH KUMAR SINGH

JUDGE jg

WP(C) NO. 1327 OF 2023. 5

Appendix — schedule of exhibits
APPENDIX OF WP(C) 1327/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RELEVANT EXTRACT OF AMALGAMATION ORDER WITH THE SCHEME OF AMALGAMATION DATED 10-04-2008 Exhibit P2 TRUE COPY OF THE ORDER/ STATEMENT DATED 20.11.1992 Exhibit P3 TRUE COPY OF THE FRESH ASSESSMENT ORDER FOR THE ASSESSMENT YEAR 2007-'08 OF THE ASSESSING OFFICER DATED 22.12.2009 Exhibit P4 TRUE COPY OF THE JUDGMENT IN I.T.A. NO. 145 OF 2012 DATED 06.08.2018 Exhibit P5 TRUE COPY OF THE COMPUTATION STATEMENT GIVING EFFECT TO THE CARRIED FORWARD LOSS AND MAT CREDIT IN THE ASSESSMENT YEAR 2007- 08 Exhibit P6 TRUE COPY OF THE REQUEST LETTER DATED 30-11- 2021 Exhibit P7 TRUE COPY OF THE REQUEST REFERRING SECTION 139(5), THE 2ND RESPONDENT DECLINED THE REQUEST AND COPY OF THE SAID COMMUNICATION DATED 20.12.2021 Exhibit P8 TRUE COPY OF THE COMMUNICATION DATED 24.01.2023 SUBMITTED BY THE PETITIONER ALONG WITH POSTAL RECEIPT AND EMAIL DELIVERY CONFIRMATION Exhibit P9 TRUE COPY OF THE COMMUNICATION DATED 12.07.2023 ISSUED TO THE PETITIONER

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