KORATH RAJESH vs. THE COMMISSIONER OF INCOME TAX,
What did the High Court hold?
The High Court of Kerala, taking note of the submission by the learned Standing Counsel for the respondent Department, closed the writ petition. The Court clarified that if the petitioner files the return of income for Assessment Year 2022-23 along with the admitted tax and interest payable thereon on or before December 31, 2023, the same shall be processed in accordance with law. The Court did not issue any specific direction for filing the return but acknowledged the statutory timeline available to the petitioner. The principle established is that statutory remedies and timelines should be adhered to, and court intervention is not necessary for routine compliance unless there is a clear impediment or illegality.
What were the facts?
The petitioner, Korath Rajesh, approached the High Court of Kerala apprehending prohibition from filing his Income Tax return for the previous year 2021-2022 (Assessment Year 2022-23). His father, who ran a money lending business, expired on June 17, 2021. The petitioner intended to file his return as a representative assessee. The respondents are the Commissioner of Income Tax, Joint Commissioner of Income Tax, and Deputy Commissioner of State Tax. The Department's counsel submitted that the petitioner has time until December 31, 2023, to file a belated return along with self-assessed tax and applicable interest under Section 234A, B, and C of the Income Tax Act, 1961.
What were the issues?
1. Whether the petitioner requires a direction from the Court to file his return of income for Assessment Year 2022-23 and pay the admitted tax along with interest. The Assessee (Petitioner) sought to file his return of income as a representative assessee for the previous year 2021-2022, apprehending that he might be prohibited from doing so. The Revenue (Department) contended that no direction is required from the Court as the petitioner has a statutory deadline of December 31, 2023, to file a belated return of income along with self-assessed tax and interest payable under Sections 234A, B, and C of the Income Tax Act, 1961.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
J U D G M E N T The petitioner has approached this court apprehending that the petitioner will be prohibited from filing returns under the provisions of the Income Tax Act, 1961 for the previous year 2021-2022 pertaining to assessment year 2022-23. The petitioner's father was running a money lending business. He expired on 17-06- 2021. It is the case of the petitioner that the petitioner wishes to file his return of income for previous year 2021-22 as a representative assessee.
The learned Standing counsel appearing for the Department would point out that the petitioner has time till 31-12-2023 to file a belated return of income along with self-assessed tax including interest payable by the petitioner under Section 234 A, B and C. It is submitted that no direction is required from the court to file return of income and to pay the admitted tax together with interest due thereon.
Taking note of the submission of the learned Standing counsel for the respondent Department, this writ petition is closed, making it clear that if the petitioner files the return of income for assessment year 2022-23 along with admitted tax and interest payable thereon on or before 31-12-2023, the same shall be processed in accordance with law. GOPINATH P. JUDGE AMG
W.P (C) No.36601/2022 -3-
Appendix — schedule of exhibits
More judgments on Section 234A
- Vikas Ashokkumar Masand, Ahmedabad vs The Dy. Commissioner of Income Tax…ITA 3130/AHD/2026[A.Y. 2017-18]Status: Disposed19 Oct 2026
- Sarvjeet Singh Through Legal Heir Manjit… vs ITO Ward 1(1), AlwarITA 355/JPR/2025[2013-14]Status: Disposed16 Oct 2026AY 2013-14
- Parthasaradhi Mutually Aided Co-Operative… vs Income-Tax Officer, Ward-17(1), HyderabadITA 2322/HYD/2026[AY 2016-17]Status: Disposed16 Oct 2026
- 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
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