Lalit Kumar Kothari and Sons vs. The Principal Commissioner of Income Tax

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WPT/17/2020HC ChhattisgarhCGHC01043853201916 January 2020Author: HON'BLE SHRI JUSTICE P. SAM KOSHY2 pages
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What did the High Court hold?

The High Court held that since a final assessment order has been passed on December 18, 2019, the writ petition challenging the notice under Section 148 has become infructuous and is of academic interest. The Court observed that the subsequent assessment order is appealable under Section 246A of the Income Tax Act. Therefore, the writ petition was disposed of, leaving open the questions raised by the petitioner to be agitated in an appropriate proceeding, including an appeal against the assessment order. The Court granted liberty to the petitioner to pursue their remedies against the assessment order. No specific findings were made on the merits of the original challenge to the Section 148 notice.

What were the facts?

The petitioner, Lalit Kumar Kothari and Sons, filed a writ petition challenging a notice issued under Section 148 of the Income Tax Act. The writ petition was filed on December 13, 2019. During the proceedings, the counsel for the Department informed the Court that a final assessment order had been passed on December 18, 2019. This subsequent order is appealable under Section 246A of the Income Tax Act. The Department produced the assessment order dated December 18, 2019, which was taken on record by the Court.

What were the issues?

1. Whether the writ petition challenging the notice under Section 148 of the Income Tax Act has become infructuous in light of the subsequent assessment order passed under Section 143(3) of the Income Tax Act. The assessee (Petitioner) contended that the notice under Section 148 was invalid and sought to quash it. The revenue (Respondents) argued that a final assessment order has been passed, rendering the challenge to the notice infructuous. The revenue further submitted that the assessment order dated December 18, 2019, is an appealable order under Section 246A of the Income Tax Act, implying that the petitioner should pursue the appellate remedy rather than a writ petition.

Which sections of the Income-tax Act were involved?

Section 148,Section 246A

AI-generated summary — verify with the full judgment below

-1- NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPT No. 17 of 2020

1.

Lalit Kumar Kothari and Sons, 21 Mahavir Colony, Durg, District : Durg, Chhattisgarh ---- Petitioner Versus

1.

The Principal Commissioner of Income Tax, Raipur – 2, Central Revenue Building, Civil Lines, Raipur, District : Raipur, Chhattisgarh

2.

The Income Tax Officer, Ward - 1(4), Bhilai. ---Respondents For Petitioner : Mr. Ashok Patil, Advocate For Respondents : Mr. Amit Chaudhari along with Mr. Ajay Kumrani, Advocate :

adfasf Hon'ble Shri Justice P. Sam Koshy Order on Board 17.01.2020

1.

The challenge in the present writ petition is to the notice issued under Section 148 of the Income Tax Act.

2.

The writ petition was filed on 13.12.2019. Today, when the matter is taken up, the learned counsel for the Department submits that the Department has in the meanwhile passed the final assessment order itself and as such the issue involved in the case has become infructuous and the subsequent order passed on 18.12.2019 is itself an appealable order under Section 246A of the Income Tax Act.

3.

The counsel for the Department produced the order dated 18.12.2019 to the Court, the said order is taken on record.

-2-

4.

In view of the fact that an assessment order has since been passed on 18.12.2019, in the opinion of this Court the matter as such has become of only academic interest. Accordingly, the present writ petition stands disposed of leaving open the questions, which were raised by the petitioner in this petition to be agitated in an appropriate proceeding including appeal, which the petitioner may prefer challenging the assessment order.

5.

With the aforesaid observations and liberty, the present writ petition stands disposed of. (P. Sam Koshy) Judge Rahul

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