TaxTMI 
TaxTMI 
2020 (2) TMI 738
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....Appeal No. 337 of 2019, Writ Appeal No. 479 of 2019 - -<br>Income Tax<br>Hon'ble Shri P. R. Ramachandra Menon, Chief Justice And Hon'ble Shri Justice Parth Prateem Sahu For Appellants : Shri Siddharth Dubey, Advocate For Respondent : Shri Amit Chaudhari, Ms. Naushina Afrin Ali andShri Topilal Bareth, Advocates JUDGMENT Per P. R. Ramachandra Menon, Chief Justice 1. Dismissal of the writ petition filed by the Appellant/Assessee challenging the approval granted in terms of the Section 151 (1) of the Income Tax Act, 1961 (for short, 'Act of 1961') to reopen the assessment and to quash the notice issued under Section 148 of the Act of 1961 in this regard, after holding that the statutory requirement has been compli....
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....reasons recorded under Section 148(2) of the Act of 1961, by submitting an application dated 22.02.2018 addressed to the competent authority; which came to be supplied on 22.02.2018. An application was submitted on 07.03.2018, to furnish approval/sanction accorded in terms of Section 151(1) of the Act of 1961 which led to issuance of notice under Section 148(2) of the Act of 1961. On receipt of the reasons recorded for issuing notice under Section 148(2) of the Act of 1961, it was sought to be objected by filing statement of objections on 22.03.2018. It is the case of the Appellant/Assessee that the said objections were considered in a quite mechanical manner and turned down on the very same day, as per order dated 23.03.2018, with intent t....
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....rendered by the Apex Court, as referred to by the learned Single Judge while declining interference, are not applicable. 8. It cannot be held that no writ petition/appeal is maintainable, merely for the reason that the assessment had already been finalized. Support is sought to be drawn by the Appellants from the rulings rendered by the Apex Court in Calcutta Discount Co. Ltd. vs. Income Tax Officer, Companies District I Calcutta & Another reported in AIR 1961 SC 372 and Khoday Distilleries Limited (now known as Khoday India Limited) & Another vs. Sri Mahadeshwara Sahakara Sakkare Karkhande Limited, Kollegal reported in (2019) 4 SCC 376 which reiterates the law declared in Kunhayammed & Others vs. State of Kerala & Another reported in (2....
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.... statute, the Assessee simply rushed to this Court by filing the writ petitions. The learned Single Judge referred to the sequence of events, the relevant provisions of law and almost all the relevant judgments on the subject and recorded satisfaction on the procedure followed. It was accordingly, that interference was declined and the writ petitions were dismissed, setting the Appellant/Assessee at liberty to file statutory appeals, if aggrieved, which is correct and proper in all respects. The learned counsel submits that there is no violation of any principle of natural justice, nor the proceedings are in violation of statutory provisions and no such instance, to the contrary, has been demonstrated by the Appellant/Assessee. 10. It is....
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....g pendency of the writ petition, the final assessment order was passed. The learned Single Judge allowed the main prayers which was the subject matter of challenge in the appeal preferred by the Revenue (in Writ Appeal No. 293 of 2017). The Division Bench held that the course pursued by the learned Single Judge was not correct and accordingly, the judgment in the writ petition was set aside and the appeal preferred by the Revenue was allowed in the following terms: "33. To sum up the matter, when there existed reason to belief which is formed on the basis of material available having nexus with the subject, writ Court ought not to have entertained the writ petition more so when assessment order have already been passed during pende....
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....e had escaped assessment have to be tested with regard to the actual facts and figures. This comes within the scope of alternative remedy by way of appeal and no prejudice can be stated as caused to the Appellant/Assessee in this regard. To put it more clear, it is not a case where mere question of law is involved; such as violation/non-satisfaction of the particular provisions or as to lack of competency of the authority who has passed the order for proceeding further. Under similar circumstance, we have declined interference, without prejudice to pursue statutory remedy, as per judgment dated 29.07.2019 in Writ Appeal 336 of 2019, a copy of which is placed for perusal from the part of the Respondents. 13. The learned standing counsel f....