P M RASHEED vs. THE CENTRAL BOARD OF DIRECT TAXES
What did the High Court hold?
The High Court held that the petitioner had not made out any jurisdictional grounds warranting the exercise of jurisdiction under Article 226 of the Constitution of India, despite the availability of an alternative remedy. The Court found considerable merit in the respondent-Department's contention that the return was filed beyond the stipulated time, rendering it invalid for consideration during the best judgment assessment. Therefore, the Court declined to interfere with the impugned orders under Article 226 and dismissed the writ petition. However, the Court granted liberty to the petitioner to file an appeal before the first appellate authority within three weeks, along with an application for condonation of delay and a stay petition. The appellate authority was directed to condone the delay, consider and dispose of the appeal on merits, and keep any demand pursuant to the assessment order in abeyance until a decision on the stay petition.
What were the facts?
The petitioner, P.M. Rasheed, is challenging an assessment order (Ext.P8) passed under Section 144 of the Income Tax Act, 1961, for the assessment year 2017-18. The assessment was completed to the best of judgment as the petitioner failed to file a return of income despite receiving a notice under Section 142(1) of the Act. The petitioner's subsequent application for rectification was also rejected by an order (Ext.P12). The petitioner contends that the assessment was completed without considering a return of income (Ext.P7) that was allegedly filed.
What were the issues?
1. Whether the assessment order passed under Section 144 of the Income Tax Act, 1961, is without jurisdiction because a return of income (Ext.P7) was filed by the petitioner, and if so, is it amenable to challenge under Article 226 of the Constitution of India? Assessee's Contention: The completion of assessment under Section 144 without considering the return of income filed as Ext.P7 is without jurisdiction and warrants interference under Article 226 of the Constitution of India. Revenue's Contention: The return (Ext.P7) was filed beyond the time specified in the notice under Section 142(1) and therefore could not be accepted or considered. There is no jurisdictional error in completing the assessment under Section 144 as no valid return was available. The petitioner has an effective alternative remedy of appeal, and no grounds are made out for interference under Article 226.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
JUDGMENT
Petitioner suffered Ext.P8 order of assessment under the provisions of Section 144 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’), for the assessment year 2017-18. Even after receiving a notice under Section 142(1) of the Act, the petitioner did not file any return of income, following which the assessment was completed to the best of judgment under Section 144 of the Act. The petitioner filed an application for rectification, which was also rejected by Ext.P12 order.
Learned counsel appearing for the petitioner submits that the completion of assessment, without taking into consideration the return of income filed by the petitioner, as Ext.P7, is completely without jurisdiction and is therefore, liable to be interfered with in exercise of jurisdiction under Article 226 of the Constitution of India. It is submitted that there was no reason to complete the assessment to the best judgment under Section 144 of the Act, even though the petitioner had filed a return of income as disclosed by Ext.P7. 3. Learned Standing Counsel appearing for the respondent-Department would point out that Ext.P7 return
WP(C) NO. 1775 OF 2023 3 was filed beyond the time specified in the notice issued under Section 142(1) of the Act and therefore, it could not have been treated as a return which could be accepted and considered while completing the assessment. It is submitted that there is absolutely no jurisdictional error in completing the assessment under Section 144 of the Act, to the best of judgment, as admittedly, there was no valid return available for completing the assessment. It is submitted that the petitioner has an effective alternative remedy by way of appeal against the assessment order/order rejecting the application for rectification and no grounds have been made out to interfere in the proceedings under Article 226 of the Constitution of India.
Having heard the learned counsel appearing for the petitioner and the learned Standing counsel appearing for the respondent-Department, I am of the view that there is considerable merit in the contention taken by the respondent- Department that the petitioner has not made out any jurisdictional grounds warranting the exercise of jurisdiction under Article 226 of the Constitution of India, notwithstanding the availability of an alternative remedy. Therefore, declining interference with the impugned orders under Article 226 of WP(C) NO. 1775 OF 2023 4 the Constitution of India, the writ petition is dismissed. However, if the petitioner files an appeal before the first appellate authority along with an application for condonation of delay and an application for stay, within a period of three weeks from today, the appellate authority shall condone delay in filing the appeal and consider and dispose of the appeal on merits. If the petitioner files a stay petition as aforesaid along with the appeal , any demand pursuant to the orders of assessment shall be kept in abeyance till a decision is taken on the stay petition by the appellate authority. GOPINATH P. JUDGE ajt
WP(C) NO. 1775 OF 2023 5
Appendix — schedule of exhibits
More judgments on Section 142(1)
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