M/S SARASWATI AGRO INDUSTRIES vs. JOINT COMMISSIONER OF INCOME TAX

This writ appeal filed under Section 2(1) of the Chhattisgarh High Court (Appeal to Division Bench) Act, 2006 is directed against order dated 01.04.2022, passed by the learned Single Bench of this Court in WP(T) No.31 of 2022, whereby the writ petition filed by the appellant herein (writ petitioner) has been dismissed.

Mr. Ankit Singhal, learned counsel appearing for the appellant would submit that the writ Court has committed grave legal error in dismissing the writ petition of the appellant by recording findings, which are perverse to the record. As such, the impugned order dated 01.04.2022 is liable to be set aside.

Per contra, learned counsel appearing for the respondents- Income Tax authorities would submit that against the notice of reassessment dated 31.03.2021, the objection of the appellant was rejected on 21.02.2022 and, thereafter, the order of reassessment has been passed on 31.03.2022. Against which, on 26.04.2022, the appellant has preferred statutory appeal under Section 246-A of the Income Tax Act, 1961 (for short the “IT Act”) before the Commissioner of Income Tax with the leave of this Court, as per order dated 25.04.2022. Therefore, all the questions raised by the appellant in this appeal shall have to be considered and decided by the said statutory appellate authority. As such, this appeal

We have heard learned counsel appearing for the parties, considered their rival submissions made hereinabove and went through the material available on record with utmost circumspection.

It is admitted position on record that the appellant herein (writ petitioner) filed writ petition being WPT-31-2022 before this Court against the notice of reassessment dated 31.03.2021, issued by the respondent No.02, under Section 148 of the IT Act and, during the pendency of the writ petition, on 21.02.2022, his objection against the said notice was also rejected. Thereafter, on 31.03.2022, order of reassessment has also been passed, however, after the leave having been granted by this Court on 25.04.2022, the appellant has preferred statutory appeal under Section 246-A of the IT Act against said reassessment order, which is pending consideration before the Commissioner of Income Tax.

In that view of the matter, we are not inclined to entertain this writ appeal and same is liable to be closed. However, liberty is reserved in favour of the appellant to question initiation of reassessment notice, rejection of his objection against the same and validity and correctness of the order of reassessment dated 31.03.2022 before the statutory appellate authority i.e. Commissioner of Income Tax in pending appeal. It is made clear

With aforesaid observation/direction, liberty and without expressing any opinion on the merits of the case, this writ appeal stands disposed of. (Sanjay K. Agrawal) (Amitendra Kishore Prasad) Judge Judge s@if