1989 (5) TMI 44 - HC - Income Tax

Court voids illegal assessment order under Kerala Agricultural Income-tax Act, emphasizing due process & statutory compliance.

The court found the assessment order under section 18(4) of the Kerala Agricultural Income-tax Act to be illegal and void due to denial of natural justice ... Agricultural Income Tax, Best Judgment Assessment Issues:1. Validity of assessment under section 18(4) of the Kerala Agricultural Income-tax Act.2. Denial of natural justice and non-compliance with statutory provisions.Analysis:1. The appellant challenged the assessment order (exhibit P-4) under section 18(4) of the Kerala Agricultural Income-tax Act, alleging that it was illegal and void due to lack of a reasonable opportunity to file objections and undue haste in rendering the decision. The single judge dismissed the original petition, leading to the appellant's appeal. The appellant submitted exhibit X-1, a proceeding by the Agricultural Income-tax Officer, stating that the objections were not filed within the stipulated time frame. However, it was revealed that the assessing authority wrongly finalized the assessment on February 18, 1989, believing the objection period had expired on February 17, 1989, when in fact, the appellant had until February 18, 1989, to submit objections. As a result, the assessment order (exhibit P-4) was deemed illegal and void, with a denial of natural justice and non-compliance with statutory provisions.2. The court held that the assessing authority lacked jurisdiction to pass the assessment order on February 18, 1989, as the appellant still had time to file objections until that date. The failure to adhere to the correct timeline for objections amounted to a denial of natural justice and a breach of statutory requirements under the Agricultural Income-tax Act. Consequently, the court annulled the assessment order (exhibit P-4) for the relevant years. The court directed the Agricultural Income-tax Officer to consider the objections filed by the appellant on February 25, 1989, and proceed with the assessments, emphasizing the importance of due process and compliance with statutory procedures. The appellant's counsel's request for a fair consideration of objections before finalizing assessments was acknowledged, and no further directions were deemed necessary, leading to the disposal of the writ appeal.