2020 (7) TMI 647 - HC - Income Tax

Dismissal of Writ Petition Challenging Block Assessment Order Upheld

Dr. Bharat Mehta (Deceased), Mehul Metha Versus Deputy Commissioner of Income Tax Central Circle I (3) Chennai, Additional Commissioner of Income Tax Central Range I Chennai

Dr. Bharat Mehta (Deceased), Mehul Metha Versus Deputy Commissioner of Income Tax Central Circle I (3) Chennai, Additional Commissioner of Income Tax ... Issues Involved:1. Limitation Period for Block Assessment Order under Section 158BE(1)(b)2. Issuance and Validity of Notice under Section 143(2)3. Requirement of Prior Approval under Section 158BG4. Alleged Violation of Principles of Natural JusticeIssue-wise Detailed Analysis:1. Limitation Period for Block Assessment Order under Section 158BE(1)(b):The petitioner contended that the Block Assessment Order dated 30.06.2003 was barred by limitation under Section 158BE(1)(b), arguing that the search concluded on 25.01.2001, and thus the limitation period ended on 31.01.2003. The Revenue, however, maintained that the search continued until 12.06.2001, making the Block Assessment Order within the permissible two-year period. The court examined the panchanamas and noted that the search at one premise concluded on 25.01.2001, but at another premise, it continued until 12.06.2001 due to the petitioner not providing the necessary password for electronic documents. The court ruled that the search was indeed continuous and authorized under Section 132(1)(iib), and thus the Block Assessment Order was within the limitation period.2. Issuance and Validity of Notice under Section 143(2):The petitioner argued that no notice under Section 143(2) was issued or, if issued, it was beyond the limitation period. The Revenue countered that the notice was issued on 06.06.2003 and served by affixture on 10.06.2003 after unsuccessful attempts to serve it directly. The court found that the notice under Section 143(2) was indeed issued and served appropriately, rejecting the petitioner’s claim.3. Requirement of Prior Approval under Section 158BG:The petitioner claimed that the Block Assessment Order was invalid as it lacked prior approval from the Joint Commissioner of Income Tax (JCIT) as required under Section 158BG. The Revenue asserted that the necessary approval was obtained, though not explicitly detailed in the documents. The court accepted the Revenue's assertion, noting that the assessment was conducted following the necessary authorizations and approvals.4. Alleged Violation of Principles of Natural Justice:The petitioner alleged that the assessment proceedings violated principles of natural justice due to lack of proper opportunity to present their case. The Revenue provided evidence of multiple notices and correspondences with the petitioner, demonstrating that ample opportunities were given. The court concluded that there was no violation of natural justice principles, as the petitioner had sufficient opportunities to participate in the proceedings.Conclusion:The court dismissed the writ petition, concluding that the Block Assessment Order was within the limitation period, the notice under Section 143(2) was validly issued, the necessary approval under Section 158BG was obtained, and there was no violation of principles of natural justice. The court upheld the Block Assessment Order dated 30.06.2003.