M/S ETTUMANOOR SERVICE CO-OPERATIVE BANK LTD vs. THE INCOME TAX OFFICER
What did the High Court hold?
The High Court acknowledged that the Assessing Officer did not consider the Division Bench judgment of the High Court. While normally such a lapse would be a matter for appeal, the Court, to avoid inconvenience and hardship to the petitioner, quashed the assessment order (Ext.P9). The matter was remitted to the 2nd respondent (Assessment Unit, National Faceless Assessment Centre) to complete the assessment afresh. The Court explicitly stated that it had not expressed any opinion on the merits of the matter and that the Assessing Authority was free to decide the case in accordance with law, taking into consideration the Division Bench judgment (Ext.P10). The ratio decidendi is that while procedural lapses like ignoring a binding precedent are typically for appeal, courts may intervene under Article 226 to prevent hardship, by remanding the matter for fresh consideration with due regard to the precedent.
What were the facts?
The petitioner, M/s Ettumanoor Service Co-operative Bank Ltd., filed a writ petition before the High Court of Kerala challenging an assessment order (Ext.P9) issued by the Assessing Officer. The petitioner contended that the Assessing Officer failed to consider a Division Bench judgment of the High Court (Ext.P10) that was brought to his notice via Ext.P8. The assessment year(s) are not explicitly stated. The Income Tax Department, represented by its Standing Counsel, argued that failure to consider a judgment, while potentially an issue for appeal, is not a sufficient ground for interference under Article 226 of the Constitution. The assessment order was passed by the 1st respondent, the Income Tax Officer, Ward-1, but the remanding authority is the 2nd respondent, identified as the Additional/Joint/Deputy/Assistant Commissioner of Income Tax/Income Tax Officer, Assessment Unit, National Faceless Assessment Centre.
What were the issues?
1. Whether the failure of the Assessing Officer to consider a binding Division Bench judgment of the High Court, brought to his notice, warrants interference with an assessment order under Article 226 of the Constitution of India, despite the availability of an appellate remedy? Assessee's Contention: The petitioner argued that the Assessing Officer's failure to consider Ext.P10, a Division Bench judgment of the High Court that squarely covered the issue in their favour, despite being notified through Ext.P8, was a ground for intervention. The petitioner relied on the principle that a binding precedent should be followed. Revenue's Contention: The Standing Counsel for the Income Tax Department contended that while the Assessing Officer may not have considered the judgment, this fact alone is not a sufficient ground to interfere with an assessment order under Article 226 of the Constitution. They implicitly suggested that such a grievance should be raised through the statutory appellate process.
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
JUDGMENT This writ petition has been filed on the short ground that Ext.P10 judgment of Division Bench of this Court which squarely covers the issue in favour of the petitioner was not taken note of by the Assessing Officer while issuing Ext.P9 order of assessment, despite the fact that the judgment was brought to his notice through Ext.P8. 2. Learned Standing Counsel for the Income Tax Department states that while it may be true that the Assessing Officer did not consider Ext.P10 Judgment of Division Bench of this Court, that, by itself may not be a ground for interfere with an order of assessment under Article 226 of the Constitution of India.
Having heard the learned counsel for the petitioner and the learned counsel appearing for the Income Tax Department, I am of the view that the fact that a Division Bench judgment of this Court was not noticed by the Assessing Officer, should normally be a matter that should be taken up in appeal and there is no good reason as to why an assessment order should be interfered with WP(C) NO. 33715 OF 2022 3 under Article 226 of the Constitution of India, on that ground. However, to avoid inconvenience and hardship to the petitioner Ext.P9 order of assessment is quashed and the matter is remitted to the 2nd respondent, who shall complete the assessment afresh after taking note of Ext.P10 judgment of a Division Bench of this Court. I make it clear that, I have not expressed any opinion on the merits of the matter and it is open to the Assessing Authority to decide the matter in accordance with law also taking into consideration Ext.P10 judgment of a Division Bench of this Court. GOPINATH P. JUDGE nak
WP(C) NO. 33715 OF 2022 4
Appendix — schedule of exhibits
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