TaxTMI 
TaxTMI 
2011 (8) TMI 727
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....ning access to the documents in the custody of the Central Bureau of Investigation (CBI); b. direct the Assessing Officer to pass an assessment order only after giving sufficient opportunity to the Petitioner to furnish all the necessary information and detailed explanations called for by the Assessing Officer after the Petitioner obtains documents under the custody of Central Bureau of Investigation (CBI) and a reasonable time thereafter; c. pass such other order(s) as this Hon'ble Court deems fit and proper in the extraordinary circumstances of the case in the interests of justice." A similar relief is claimed in W.P.No.21948 of 2011 also in respect of AY 2007-08. Satyam Computers company subsequently went into trouble and it is represented that it was taken over by another company called Mahindra and it is now known as Mahindra Satyam. This latter company is said to be the petitioner in both these writ petitions. 3. The case of the petitioner is this. (For the AY 2002-03 and also for the AY 2007-08 Satyam Computers filed its returns under the provisions of the Income-tax Act, 1961 ('the Act'). The assessing authority reopened the assessments f....
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....r plea of the petitioner that some of the records have been seized by the Directorate of Intelligence also, and the Central Board of Direct Taxes has also dealt with the matter and passed certain orders regarding the assessments of Satyam Computers and the assessing authority is acting in violation of those orders but it is not necessary to go into the same having regard to the reliefs claimed. 7. The main plea of the petitioner i.e. the present management of Mahindra Satyam is that it is not in a position to get the information sought for by the assessing authority and produce the same before it as the entire record containing that information has been seized by the CBI and produced before the criminal court and also a part of it is with the CBI itself. It therefore says it requires considerable time to get the material records from the court and the CBI to furnish the information called for by the assessing authority and it cannot furnish the information overnight. Its grievance is that if it is not given an opportunity to get that record and file the necessary information before the assessing authority the latter may pass orders of assessment or reassessments and that would r....
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....etitions are filed only to drag on the matter. It is also urged that in a case like this there is no provision under the Act to extend time for completion of the assessment which is fixed by the statute and this court cannot under Article 226 of the Constitution extend the time for giving opportunity to the petitioner. 11. Subsequently Sri K. Vivek Reddy filed certain additional documents in both the matters to support his contention or show justification for grant of the reliefs claimed. 12. In the light of the rival contentions it has now to be seen whether this court can grant the relief claimed by the petitioner in both the writ petitions and extend the time for completion of assessments as urged by it and that is the point in both the matters. 13. We have at length set out the pleas of the petitioner company as Sri Vivek Reddy tried to persuade us to see the justification for grant of reliefs prayed for by the petitioner. Now to go into this aspect of justification or merits we have to first see whether this court has got the power under the Act to grant such an extension. Sri Vivek Reddy says that this Court has got such power under the Act and he also pointed out th....
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.... of the petitioner can extend the time and grant the reliefs prayed for as there is, according to him, every justification for extension of time. On the other hand, the contention of Sri J.V. Prasad is that these writ petitions are filed only for the relief of extension of time and therefore they cannot fall under the above provision unless they raise some question or questions regarding the assessments and the court gives a finding or direction as to how the said assessments are to be carried on or effected. He also pointed out that no relief is claimed in the writ petitions challenging the assessments or reopening of assessments on any ground except seeking extension of time and that is a minus point for the petitioner. 17. Sri J.V. Prasad relied upon two decisions of Supreme Court in support of his contention. The first is the one given in Rajinder Nath v. CIT [1979] 2 Taxman 204 (SC) and the second is the decision given in Hope Textiles Ltd. v. Union of India [1994] 73 Taxman 188 (SC). This second decision is directly on the point. In this second decision an order or assessment was made on 27.03.1974 for the AY 1971-72 of that assessee. On 21.02.1976 a reassessment notice wa....
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....letion of assessment when the statute does not provide for it. Thus the contention of Sri J.V. Prasad based on the second decision cited by him and which is on the scope of Section 153(3)(ii) of the Act has to be accepted. 20. On the other hand, Sri Vivek Reddy relied upon another decision of Supreme Court given in the Director of Inspection v. Pooran Mal & Sons [1974] 96 ITR 390 in support of his contention. This decision pertains to the time limit prescribed under the then existing Section 132(5) of the Act within which the Income-tax Officer has to estimate the undisclosed income relatable to the seized property and also the amount of tax payable on it plus the person from whom it is recoverable. This decision did not pertain to extension of time for completing the assessment and it does not cover a case like this and it is distinguishable on facts. Extension of time for completion of assessments or reassessments is provided for under Section 153(3)(ii) of the Act and it does not cover a situation like this where the writ petition is merely filed for the relief of extension of time. Hence Sri Vivek Reddy's contention on this aspect cannot be accepted. 21. Then coming to th....