Smt. Janak Kapoor vs. Assistant Commissioner Of Income Tax (Tds)
What did the High Court hold?
The Court allowed the petition to be withdrawn. While permitting the withdrawal, the Court granted the respondent authorities an extended time period for passing the assessment order, in accordance with the specific provisions contained in Section 153 of the Income Tax Act, 1961. This extension was granted because an interim order had been in place against the final assessment order. The petition was accordingly dismissed as withdrawn, with no order as to costs. The Court did not decide on the merits of the original challenge, only on the procedural aspect of withdrawal and consequential time extension for assessment.
What were the facts?
The petitioner, Smt. Janak Kapoor, filed a Writ Petition (W.P.No.19508/2011) challenging an action by the Assistant Commissioner of Income Tax and other respondents. The petition was filed seeking interim orders. During the pendency of the petition, an interim order was passed by the Court on 22.11.2011. The respondents' counsel stated they had no objection to the withdrawal of the petition. However, they prayed for an extension of the time period for passing the assessment order, citing the provisions of Section 153 of the Income Tax Act, 1961, due to the interim order.
What were the issues?
1. Whether the petition should be permitted to be withdrawn. (Mixed law and fact, relating to procedural aspects of the appeal process). 2. Whether the time period for passing the assessment order should be extended under Section 153 of the Income Tax Act, 1961, in light of the interim order passed by the Court. (Mixed law and fact, concerning the application of statutory time limits). Assessee's Contention: The petitioner sought to withdraw the petition. Revenue's Contention: The respondents had no objection to the withdrawal of the petition but prayed for an extension of the time period for passing the assessment order under Section 153 of the Income Tax Act, 1961, due to the interim order passed by the Court.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
1 W.P.No.19508/2011 Smt.Janak Kapoor Assistant Commissioner of Income Tax & others
5.11.2012 Shri Sumit Nema, Counsel for petitioner. Shri Sanjay Lal, Counsel for respondents. I.A.No.14337/12
for withdrawal of the petition
Learned counsel appearing for respondents submits that he has no objection in respect of withdrawal of the petition. He prays that the time period for assessment order may be extended in view of the provisions under Section 153 of the Income Tax Act, 1961 because there was interim order passed by this Court in this petition on 22.11.2011. Prayer of Shri Lal is allowed. While permitting this petition to be withdrawn, the respondent authorities are allowed time period in view of specific provisions as contained in Section 153 of the Income Tax Act, 1961 as there was interim order against final assessment order. With the aforesaid clarification, this petition is dismissed as withdrawn with no order as to costs.
(Krishn Kumar Lahoti)
(Smt.Vimla Jain) Judge
Judge C.
More judgments on Section 153
- Cornerstone Ondemand International Limited… vs Assistant Commissioner of Income Tax…ITA 2128/MUM/2025[2022-23]Status: Disposed16 Oct 2026AY 2022-23
- Cornerstone Ondemand International Limited… vs Assistant Commissioner of Income Tax…ITA 4558/MUM/2023[2021-22]Status: Disposed16 Oct 2026AY 2021-22
- Cornerstone Ondemand International Limited… vs Assistant Commissioner of Income Tax…ITA 3228/MUM/2023[2020-21]Status: Disposed16 Oct 2026AY 2020-21
- Zabuben Mepabhai Bharvad, Ahmedabad vs The PCIT - 1, AhmedabadITA 1233/AHD/2026[2018-19]Status: Disposed8 Oct 2026AY 2018-19
- Credit Agricole Corporate and Investment… vs The Assistant Commissioner of Income-Tax…ITA 3453/MUM/2026[2022-23]Status: Disposed8 Oct 2026AY 2022-23
Recent GST High Court judgments
Search GST case law →- Sh Umang Uniyal vs. Commissioner Department Of Central Goods And Services TaxUttarakhand · 16 Oct 2026
- Paresh Textiles Prop Paresh Gudhka vs. Superintendent Range Iv Div VBombay · 15 Oct 2026
- M/S Palladium Constructions PVT LTD. vs. Principal Commissioner Of Central TaxKarnataka · 15 Oct 2026
- M/S. Vk Construction vs. The Deputy State Tax Officer - IiMadras · 15 Oct 2026
- Tvl. Sri Bhuvaneshwari And Co vs. The Deputy Commissioner (St)Madras · 15 Oct 2026