2016 (12) TMI 878 - SC - Income Tax

Writ challenges to income tax reassessment notices: maintainable when reopening jurisdiction is disputed; summary dismissal set aside, cases remitted.

The dominant issue was whether writ petitions challenging reassessment notices could be dismissed at the threshold. The SC held that the HC's approach was ... Validity of reopening of assessment - HC [2015 (10) TMI 637 - KARNATAKA HIGH COURT] dismissed the writ petitions preferred by the appellant/assessee herein challenging the issuance of notice - Held that:- The aforesaid view taken is contrary to the law laid down by this Court in Calcutta Discount Limited Company vs. Incom Tax Officer, Companies District I, Calcutta & Anr.[1960 (11) TMI 8 - SUPREME COURT (LB)]. We, thus, set aside the impugned judgments and remit the cases to the respective High Courts to decide the writ petitions on merits. We may make it clear that this Court has not made any observations on the merits of the cases, i.e. the contentions which are raised by the appellant challenging the move of the Income Tax Authorities to re-open the assessment. Stay of re-assessment was granted Issues:1. Dismissal of writ petitions challenging notice under Section 148 of the Income Tax Act, 1961.2. Contradiction between High Court decisions and the law laid down by the Supreme Court.3. Remittal of cases to High Courts for deciding writ petitions on merits.4. Clarification on the observations made by the Supreme Court.5. Continuation of stay of re-assessment during the pendency of appeals.The Supreme Court heard multiple cases where High Courts dismissed writ petitions challenging notices issued under Section 148 of the Income Tax Act, 1961, and the reasons for reopening assessments. The High Courts deemed the writ petitions as not maintainable, contrary to the precedent set by the Supreme Court in Calcutta Discount Limited Company vs. Income Tax Officer. Consequently, the Supreme Court set aside the High Courts' judgments and sent the cases back to the respective High Courts for a decision on the writ petitions based on their merits. The Supreme Court clarified that it did not comment on the merits of the cases or the contentions raised by the appellant against the Income Tax Authorities' actions. Each case should be individually assessed considering the scope of judicial review established in various Supreme Court judgments.Acknowledging the High Court's reference to the judgment in Commissioner of Income Tax vs. Chhabil Dass Agarwal, the Supreme Court determined that the principle from that case was not applicable to the present cases. The Supreme Court also noted that during the appeal process, a stay on re-assessment had been granted, which would remain in effect until the High Courts resolved the writ petitions. Ultimately, the Supreme Court allowed the appeals under the mentioned conditions.