TaxTMI 
TaxTMI 
TaxTMI 
2022 (10) TMI 316
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....s delivered by R. MAHADEVAN, J.] This writ appeal arises from the order dated 27.04.2022 passed by the learned Judge in W.P.No.10769 of 2022. 2. The necessary facts leading to the filing of this writ appeal wound run thus: 2.1. The appellant is engaged in the manufacture of edible oils. In respect of the assessment year 2013-14, they filed their return of income on 29.09.2013, which was processed under Section 143 (1) of The Income Tax Act, 1961, (in short, "the Act"). 2.2. While so, the respondent authority issued a notice on 29.03.2021 under Section 148 of the Act, stating that there are reasons to believe that income chargeable to tax has escaped assessment and calling upon the appellant to file their return of income for the ass....
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.... trade advance. 2.5. Notwithstanding the same, on 29.03.2022, the Assessing Officer passed an order under Section 147 of the Act, confirming the proposal to treat the payment made by the said R. Srinivasan as unexplained income under section 68 of the Act. 2.6. Challenging the order of assessment dated 29.03.2022, the appellant preferred writ petition bearing no.10769 of 2022. By order dated 27.04.2022, the learned Judge dismissed the said writ petition, granting liberty to the appellant to file a statutory appeal before the appellate authority within a period of two weeks. 2.7. Aggrieved over the same, the appellant is before this court with the present writ appeal. 3. The learned Senior counsel appearing for the appellant submitte....
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.... filed at the fag end of the year i.e., after a period of 11 months from the initiation of the reassessment proceedings; and ultimately, dismissed the writ petition, by the order impugned herein, which is erroneous in law and contrary to the facts and circumstances of the case. Stating so, the learned Senior counsel prayed to allow this appeal by setting aside the orders impugned in the writ appeal as well as in the writ petition. 4. On the other hand, the learned Senior Panel Counsel appearing for the respondents made his submissions supporting the order passed by the learned Judge, which is perfectly right as the contentions raised on the side of the appellant are factual in nature and the same cannot be gone into in the writ petition. ....
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....deration." Though the appellant filed their objections to the reassessment proceedings, the assessing officer rejected the same and passed the order of reassessment on 29.03.2022 imposing tax, for the payment of Rs.10,05,97,000/- made by the said Srinivasan, treating it as income from unexplained source under section 68 of the Act. The challenge to the said order of assessment by the appellant / assessee in the writ proceedings, came to be dismissed by the learned Judge, by raising all the contentions before the appellate authority in the statutory appeal. Therefore, this appeal by the appellant /assessee. 7. Drawing the attention of this court to the assessment order dated 29.03.2022 passed by the assessing officer for the assessment y....
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....n hearing the parties, has correctly opined that 'any error has been committed or mistake is committed by the assessing authority in considering such reply given by the appellant is a minute factual details, which cannot be gone into by this court under Article 226 of the Constitution, because if there is any procedural violation of principles of natural justice or for want of jurisdiction, then only, the extraordinary jurisdiction of this court become invokable, challenging the assessment order directly before this court and in respect of other cases, the assessee has to go before the Appellate Authority to file quantum appeal' and ultimately, dismissed the writ petition by the order impugned herein, which does not call for any int....