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of <h1>Court upholds Income Tax Act assessment orders for AY 2012-13 related to loans, grants liberty to appeal.</h1> <h3>Kariyagoundanur Muthusamy Chettiar Chinnadurai, Gem Edible Oils Private Limited Versus The Assisstant Commissioner of Income Tax, Corporate Circle 1, Coimbatore, The Income Tax Officer</h3> Kariyagoundanur Muthusamy Chettiar Chinnadurai, Gem Edible Oils Private Limited Versus The Assisstant Commissioner of Income Tax, Corporate Circle 1, ... Issues:Challenge to assessment orders for AY 2012-13 under the Income Tax Act, 1961 based on receipt of a loan, connection between assessments of petitioner and R.Srinivasan, challenge to assessment of company for an earlier year, violation of natural justice in granting time for response, appellate authority's powers and granting liberty to file appeal.Analysis:The petitioners contested assessment orders for AY 2012-13 under the Income Tax Act, 1961 concerning a loan received from R.Srinivasan during FY 2011-12. R.Srinivasan's assessment was reopened due to unfiled income tax returns, leading to a challenge dismissed by the Court. The assessment completed in Srinivasan's hands was adverse, with a pending statutory appeal. The loan claimed by the petitioner was linked to cash credits in Srinivasan's bank accounts, intertwining their assessments.The petitioner, a Director in a company, faced a similar challenge in an earlier assessment year regarding loans from Srinivasan. The company's challenge was dismissed by a Single Judge and a Division Bench, allowing for a statutory appeal. The Court emphasized the interconnection of issues surrounding the loans from Srinivasan, suggesting appellate authority review for a comprehensive decision.Regarding the alleged violation of natural justice due to limited response time before the impugned assessment, the Court acknowledged the concern but upheld the assessment orders. The Court highlighted the importance of a holistic approach, considering ongoing appeals by the company and Srinivasan, ensuring all parties' interests are balanced. The appellate authority was tasked with providing necessary details for the petitioner's appeal, granting a two-week window for filing.In conclusion, the Court upheld the impugned assessment orders, granting the petitioner liberty to file an appeal within two weeks. To streamline the process, all related appeals were to be consolidated for joint hearing. Both writ petitions were dismissed with liberty granted for filing appeals. No costs were imposed, and connected miscellaneous petitions were closed.
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