RAKESH KUMAR GOKHROO (AY 2014-15) S/O SHRI PARAS CHAND GOKHROO vs. ASSISTANT COMMISSIONER OF INCOME TAX
What did the High Court hold?
The High Court held that the Civil Writ Petition was premature. The Court observed that only notices under Section 271E of the Income Tax Act, 1961 had been issued, and the petitioner had the opportunity to file a reply to these notices. The Court further stated that the respondents (income tax authorities) would be required to pass a speaking order after considering the petitioner's reply and providing a hearing. Based on the prematurity of the petition, the Court dismissed the writ petition. No decision was made on the merits of the Section 271E proceedings themselves, as the challenge was to the procedural stage.
What were the facts?
The petitioner, Rakesh Kumar Gokhroo, for Assessment Year 2014-15, filed a Civil Writ Petition before the Rajasthan High Court, Jaipur Bench. The petition challenged notices issued under Section 271E of the Income Tax Act, 1961. The respondents were the Assistant Commissioner of Income Tax, Central Circle-4, Jaipur, and other income tax authorities. The petitioner was represented by his Power of Attorney Holder, Shri Paras Chand Gokhroo. The petition was filed against the issuance of notices, implying a challenge to the initiation of proceedings under Section 271E.
What were the issues?
1. Whether the Civil Writ Petition is maintainable at the stage when only notices under Section 271E of the Income Tax Act, 1961 have been issued, and the petitioner has not yet filed a reply or participated in the adjudication process? (Question of law and procedure) Assessee's contention: The petition was filed challenging the notices under Section 271E. (Implied by filing the writ petition at this stage). Revenue's contention: Not recorded in the judgment. 2. Whether the Income Tax Authorities are required to pass a speaking order after considering the petitioner's reply and providing a hearing? (Question of procedural fairness). Assessee's contention: Not recorded in the judgment. Revenue's contention: Not recorded in the judgment.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
Order 17/09/2025
This petition is completely premature as only notices under Section 271E of the Income Tax Act, 1961 have been issued, to which the petitioner may file reply.
[2025:RJ-JP:37883-DB] (2 of 2) [CW-14030/2025]
It is of course need not be mentioned that the respondents shall pass a speaking order on the basis of the reply and hearing to be provided to the petitioner.
Accordingly, the present Civil Writ Petition is dismissed in view of the aforesaid observations.
Pending application(s), if any, stand(s) disposed of. (SANJEET PUROHIT),J (SANJEEV PRAKASH SHARMA),J AMIT/55
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