2022 (11) TMI 1472

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....titioners, Ms. Susan Linhares, learned Standing Counsel for the Respondent nos. 1, 2 and 3-Revenue, Ms. Amira Razaq, learned Counsel for the Respondent no.4-Official Liquidator and Shri Faldessai, learned Deputy Solicitor General of India for the Respondent no. 5. 2. The challenge in this petition filed under Article 226 of the Constitution, is to the four assessment orders dated 23 March, 2022, passed by the Respondent no.1 being assessment orders under Section 147 read with Sections 144 and 144-B of the Income Tax Act, 1961, (for short, the 'IT Act'). Consequent to the said assessment orders, notices are issued to the petitioners dated 11 August, 2022, so as to initiate penalty/recovery proceedings. Such notices are issued unde....

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....rinciples of natural justice. c) In the alternative to Prayer (a) and (b) for issue a Writ of Mandamus or a Writ in the nature of Mandamus or any other appropriate Writ, order or direction, directing the respondents to grant access to the petitioner to the e-filing portal in relation to the Former PAN so as to enable the petitioner to access the complete assessment records and leave to file appeals electronically or physically appeals against the Impugned Orders; and for a direction to the respondents/ appropriate authorities, to take such appeals on record and a further direction to the respondents to make available physical set of the entire assessment records to the petitioner. d) During the pendency of these proceeding....

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....ceedings are being taken up on the permanent account number of the petitioners which was prevailing at the relevant point of time. 4. The petitioner has contended that the business of the petitioner was admittedly at a stand still and the only relevant amounts which the Revenue has taken to be relevant were the amounts which were either lying in the escrow account and certain amounts which were deposited with the State Bank of India. It is contended that on such basis, the Revenue has inter alia added the income at the hands of the petitioners stating that the State Bank of India had deducted tax at source on the interest. 5. Ms. Razaq, the learned Counsel for the Official Liquidator has disputed the contention as urged on behalf of t....

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....ner needs to avail of the alternate remedy as available to the petitioner in law i.e. by filing appeal before the Commissioner of Income Tax (Appeals). 8. Insofar as the apprehension of the petitioner in regard to the penalty/recovery proceedings are concerned, in our opinion, it would be appropriate that the said proceedings shall not be taken forward till the Appellate Authority decides the appeals. 9. We, accordingly, dispose of the petition with the following order : ORDER (i) The petitioner is permitted to file an appeal assailing the impugned re-assessment orders before the Appellate Authority (Commissioner of Income Tax (Appeals)). The Appeals be filed within a period of two weeks from today. If the same are filed, the Ap....