P.K.UNNIKRISHNAN vs. THE PRINCIPAL COMMISSIONER OF INCOME TAX
What did the High Court hold?
The High Court held that the assessment order (Ext.P4) was liable to be set aside. The Court found that the petitioner was not given reasonable time to reply to the proposals contained in the draft assessment order (Ext.P3), as he was served with the draft on March 31, 2022, and asked to reply by 3:30 PM on the same day. The Court reasoned that this did not constitute a fair opportunity to respond. The ratio decidendi is that a taxpayer must be afforded reasonable time to respond to a draft assessment order under Section 144B, and a deadline of a few hours on the same day of service is insufficient. The Court directed that the petitioner be given reasonable time to reply to the proposals in Ext.P3, specifically within 7 days from the date a suitable link is provided by the department. Proceedings are to be completed thereafter after affording an opportunity of hearing. No issue was expressly left undecided.
What were the facts?
The petitioner, P.K. Unnikrishnan, approached the High Court of Kerala challenging an assessment order (Ext.P4) issued under Section 144B of the Income Tax Act. The petitioner contended that he was served with a draft assessment order (Ext.P3) on March 31, 2022, and was required to submit a reply by 3:30 PM on the same day. The petitioner argued that this did not provide sufficient opportunity to respond, making the final assessment order illegal. The Revenue, represented by the Standing Counsel, acknowledged that the draft assessment order was served on March 31, 2022, with a reply deadline of 3:30 PM on the same day. The Revenue also stated that the petitioner had an effective alternative remedy before the appellate authority.
What were the issues?
1. Whether the assessment order (Ext.P4) issued under Section 144B of the Income Tax Act is illegal and unsustainable due to the petitioner not being afforded sufficient opportunity to reply to the draft assessment order (Ext.P3)? (Question of law and fact, turning on Section 144B). Assessee's Contention: The petitioner argued that the finalization of the draft assessment order without providing adequate time to reply to its proposals rendered the order illegal and unsustainable. Revenue's Contention: The Revenue contended that the petitioner had an effective alternative remedy before the appellate authority and could raise all contentions, including the lack of sufficient opportunity, before that forum. They argued there was no reason for the petitioner to approach the High Court directly under Article 226 of the Constitution of India. However, the Revenue fairly admitted that the draft assessment order was served on March 31, 2022, with a reply deadline of 3:30 PM on the same day.
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 Petitioner has approached this Court challenging Ext.P4 assessment order issued under Section 144 B of the Income Tax Act. The specific case of the petitioner is that the petitioner was served with Ext.P3 draft assessment order on 31.03.2022, calling upon the petitioner to submit reply on the same date before 3:30P.M. on the same day. It is submitted that the finalization of draft assessment order by Ext.P4 without giving sufficient opportunity to the petitioner to reply to the draft assessment order is illegal and unsustainable.
I have heard the learned Standing Counsel appearing for the respondent department. The learned Standing Counsel submits that the petitioner has an effective alternative remedy against Ext.P4 and it is open to the petitioner to take all contentions before the appellate authority including the contention that sufficient opportunity was not given to the petitioner to reply to the proposals contained in the draft assessment order. It is submitted that there is no reason whatsoever for the petitioner to approach this Court directly under Article 226 of the Constitution of India challenging Ext.P4 order. However it is very fairly admitted that Ext. P3 draft assessment order was served on 31.03.2022, calling upon the petitioner to submit reply by 3:30 p.m., on the same day.
Having regard to the facts and circumstances of the case and considering the contentions raised by the learned counsel for the petitioner and the learned Standing Counsel for the department, I am of the opinion that Ext.P4 order is liable to be set aside. It is directed that the petitioner shall be given reasonable time to reply to the proposals contained in Ext.P3 draft assessment order. The petitioner shall file a reply to the proposals contained in Ext.P3 draft assessment order within 7 days from the date on which a suitable link is provided to the petitioner by the department. Thereafter, the proceeding shall be completed in accordance with law after affording an opportunity of hearing to the petitioner. GOPINATH P.
JUDGE ats
Appendix — schedule of exhibits
More judgments on Section 144B
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- Mohammed Javed Bhati, Sikar vs Income Tax Officer, Ward 1, SikarITA 994/JPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Haresh Sharma, Ahmedabad vs ITO, Ward 5(3)(1), AhmedabadITA 2125/AHD/2026[2019-2020]Status: Disposed21 Oct 2026AY 2019-2020
- Haresh Sharma, Ahmedabad vs ITO, Ward 5(3)(1), AhmedabadITA 2124/AHD/2026[2019-20]Status: Disposed21 Oct 2026AY 2019-20
- Hemal Paresh Madeka, Rajkot vs Asst.Commissioner of Income Tax…ITA 955/RJT/2026[2020-21]Status: Disposed19 Oct 2026AY 2020-21
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