TaxTMI 
TaxTMI 
2019 (9) TMI 614
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.... ORDER This writ petition is filed challenging the proceedings of the fourth respondent dated 14/18.03.2019 with consequential direction to the fourth respondent to pass speaking order. 2.Heard Mr.Ravikumar Paul, learned Senior Counsel for the petitioner and Mrs.Hema Muralikrishnan, learned Senior Standing Counsel for the respondents. 3.Through the impugned order, the fourth respondent informed the petitioner that the Local Committee to deal with tax payers grievances from High Pitched Scrutiny Assessment is of the opinion that the assessments for the Assessment Years 2010-2011 to 2015-2016, cannot be termed as high pitched as per instruction No.7 of 2015. 4.Brief facts, which lead to the filing of the present writ petition, a....
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.... law on the two issues relating to inter charity grant made to channel partners and depreciation. The Assessing Officer by order dated 31.12.2016, though answered the two issues in favour of the petitioner and reversed the two additions made on that score in the original order of assessment, however made new additions by disallowing a portion of restricted project grants received from Compassion international which are directly incurred by the petitioner on programs as well as in the administration of the programs. These new additions were made by the Assessing Officer notwithstanding the fact that these deductions were earlier allowed in the original order of assessment dated 30.03.2013. Challenging the said order of assessment, the petiti....
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....s provided for resolving the grievances quickly and when the petitioner has approached the Authority constituted under the said mechanism viz.,Local Committee and filed a complaint that the assessment orders are high pitched one, the said Committee should have considered the grievances of the petitioner in detail and pass a speaking order with reasons and findings. Therefore, he submitted that the impugned order, being a non speaking one cannot be sustained. 6.On the other hand, Mrs.Hema Muralikrishnan, learned Senior Standing Counsel appearing for the respondents, based on instructions, submitted that the mechanism provided under instruction No.17 of 2015 is not a mechanism in lieu of appeal or an alternative procedure. Therefore, she c....
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....notwithstanding the fact that the complaint filed by the petitioner before the Local Committee has resulted in passing the impugned communication. In other words, the Appellate Authority, being the fact finding Authority, has to consider the entire matter and passed an order on merits and in accordance with law. Therefore, this Court is of the view that the rejection of the petitioner's complaint by the Local Committee will not prejudice the rights of the petitioner to pursue the appeal already pending before the Appellate Authority by raising all the grounds and that all the appeals pending before the Appellate Authority can be disposed of on merits and in accordance with law, after giving due opportunity of hearing to the petitioner. ....