2025 (11) TMI 1416 - HC - Income Tax

Assessment order quashed for violating natural justice, using wrong section 143(3) read with 144(b) instead of 144

Angammal Educational Trust Rep by its Chairman, Mr. M. Karunanithi Versus The Income Tax officer, The Assistant Commissioner of Income Tax (Exemptions), Coimbatore

HC held that the assessment order was vitiated by violation of principles of natural justice and by invoking an incorrect provision. Though the petitioner ... Assessment u/s 144 or u/s 143 (3) read with 144 (b) - HELD THAT:- In this case there has been an violation of principles of natural justice as the proceedings itself commenced only on 28.06.2022. Although there was marginal delay on the part of the petitioner to respond to the notice issued u/s 143 (2), the fact remains that the petitioner had remained responded to the same on 17.11.2022 with annexures. Thereafter, certain other queries were raised on 21.11.2022 fixing the due date as 28.11.2022, which was not responded to by the petitioner and therefore, the show cause notice dated 07.12.2022 was issued. It is the case of the Department that the petitioner has not cooperated with the respondents. Even otherwise, the impugned order should also have been passed u/s 144 of the Income Tax Act, 1961 whereas the impugned order has been passed u/s 143 (3) r/w 144 (b). Therefore, the impugned order is unsustainable. Therefore, it is liable to be quashed. Accordingly, it is quashed and the case is remitted back to the first respondent to pass fresh orders as expeditiously as possible preferably within a period of six months. ISSUES PRESENTED AND CONSIDERED 1. Whether the assessment order framed under Section 143(3) read with Section 144B is sustainable where a show cause notice was issued and the assessee sought an extension to file a reply which was not entertained before passing the order. 2. Whether non-consideration of an application for extension to file response and passing of the assessment before communicating refusal amounts to violation of principles of natural justice. 3. Whether the writ jurisdiction under Article 226 is maintainable when statutory remedies (appeal/revision) are available, particularly where alleged breaches of procedure or natural justice are relied upon. 4. Whether the impugned order should have been framed under Section 144 (best judgment assessment) instead of Section 143(3), and the legal consequences of choosing one provision over the other. ISSUE-WISE DETAILED ANALYSIS Issue 1 - Validity of assessment under Section 143(3) read with Section 144B where an extension-request remained ungranted Legal framework: Assessments under Sections 143(3) and 144B must comply with statutory limitation (Section 153) and afford reasonable opportunity to the assessee to respond to show cause notices and queries raised during proceedings initiated by a notice under Section 143(2) / Section 142(1). Precedent treatment: The Court relied on established principles that where a statutory scheme provides remedies, those remedies must ordinarily be pursued; however, recognized exceptions permit writ jurisdiction where there is a total violation of statutory provisions or principles of natural justice. Interpretation and reasoning: The Court examined the timeline: initiation after return filing, initial response with annexures, further queries with a due date, a subsequent show cause notice with a short reply window, and an application by the assessee for an extension due to the accountant's illness. The authority passed the assessment before the expiry of statutory limitation but without formally refusing the extension or affording a further opportunity to reply. The Court found that, despite some delay by the assessee in responding to an earlier query, the cumulative conduct showed participation and a request for extension that should have been considered before an order was passed. Ratio vs. Obiter: Ratio - An assessment passed without considering or communicating refusal of a specific, timely request for further opportunity to reply to a show cause notice constitutes a breach affecting the validity of the order. Obiter - Observations on the assessee's earlier marginal delay, and on the general adequacy of opportunity afforded during the entire proceeding. Conclusion: The assessment framed under Section 143(3) read with Section 144B is unsustainable insofar as it was passed without deciding the extension request and without affording the alleged opportunity; viability of the assessment requires remand for fresh consideration. Issue 2 - Violation of principles of natural justice by not communicating refusal of extension before passing the order Legal framework: Principles of natural justice require that when a party seeks further time to present material in response to a statutory notice, the authority must either grant the time or communicate refusal so the party can take appropriate steps; an order passed without such communication may be vitiated. Precedent treatment: The Court treated prior authorities as recognizing that a complete non-observance of fair procedure or a total violation of natural justice are exceptions justifying interference notwithstanding available statutory remedies. Interpretation and reasoning: The Court found that if the department intended to reject the extension request, it should have informed the assessee that the request was not feasible and that the assessment would proceed within statutory limitation. Passing the order without such communication deprived the assessee of the opportunity to make submissions or to pursue other remedial steps in time, amounting to a breach of natural justice. Ratio vs. Obiter: Ratio - Failure to inform the appellant of refusal of an extension and proceeding to pass the assessment during the requested extension period is a breach of natural justice rendering the order liable to be quashed. Obiter - Remarks on what adequate communication should contain and the interplay with limitation provisions. Conclusion: There was a violation of principles of natural justice; the impugned order is quashed and remitted for fresh consideration after providing a proper opportunity or communicating refusal of the extension. Issue 3 - Maintainability of writ jurisdiction given availability of statutory alternative remedies Legal framework: Writ jurisdiction is discretionary where effective statutory remedies exist (appeal to appellate authorities). Exceptions permit writ relief when statutory machinery is illusory, when there is total non-compliance with statutory provisions, or when there is a gross violation of natural justice. Precedent treatment: The Court acknowledged authorities holding that where an effective alternative remedy exists, a writ petition should ordinarily be rejected, but also recognized established exceptions permitting writ intervention in cases of procedural or fundamental illegality. Interpretation and reasoning: The Court weighed the Department's submission that statutory appellate remedy exists against the factual finding of procedural unfairness and breach of natural justice in the assessment process. Given the identified breach (see Issue 2), the Court found the exception applicable and entertained the writ petition to prevent perpetuation of the procedural defect. Ratio vs. Obiter: Ratio - Writ jurisdiction is maintainable in the presence of a clear breach of principles of natural justice even though statutory remedies are available. Obiter - General discussion on the adequacy/efficacy of statutory remedy when not strictly a mere formality. Conclusion: Writ relief was appropriately entertained due to the demonstrated breach of natural justice; the existence of statutory remedies did not preclude interference in these circumstances. Issue 4 - Choice of provision: whether the order should have been passed under Section 144 (best judgment) rather than Section 143(3) Legal framework: Section 144 governs best judgment assessments where the assessee has not cooperated; Section 143(3) is for regular assessments. Correct classification matters for procedural fairness and legal sustainability of the order. Precedent treatment: The Court noted that an order alleging non-cooperation should ordinarily be recorded under Section 144 if the statutory conditions for best judgment assessment are satisfied. Interpretation and reasoning: The Department characterized the assessee as non-cooperative but framed the assessment under Section 143(3) read with Section 144B. The Court observed this mismatch in classification and treated it as an additional factor rendering the impugned order unsustainable. Ratio vs. Obiter: Ratio - An assessment order premised on non-cooperation should properly invoke the provisions governing best judgment assessment; mischaracterization can vitiate the order. Obiter - The Court's comments on the proper procedure to record non-cooperation and on departmental practice. Conclusion: The impugned order was unsustainable on this ground as well; remand for fresh consideration under the correct provision (if appropriate) was ordered. Relief and Direction (Final Disposition) The impugned assessment order is quashed for violation of natural justice and procedural mischaracterization; the matter is remitted to the assessing authority to pass fresh orders after giving a proper opportunity to the assessee, preferably within six months. The Court directed that, had the department intended to reject the extension sought, such rejection should have been communicated so that the assessee could have taken steps in light of the statutory limitation.