2015 (7) TMI 1456

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....l has been filed by the Petitioner challenging both, the order of assessment and the order of penalty. These Appeals are pending. In the present Writ Petition, this fact is acknowledged, inasmuch as it has been stated in clearest terms in the memo of the Petition (at page 23) that the two orders were communicated and copies thereof were received by the Petitioner. After receipt of the assessment order and the demand notice, the Petitioner filed an Appeal before Respondent No. 4 on 28th April, 2014. The Petitioner also filed a Petition under section 220 of the Income Tax Act, 1961 dated 2nd May, 2014 before Respondent No. 2 for stay of the demand of Rs. 6,31,87,619/­. 3) During the pendency of these proceedings, the Pet....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....the original are known to either parties. Once there is a grave and serious doubt about the existence of the document, then, the principle, which has been applied, can have no application. This is a grave prejudice and even if the Appeal has to proceed, it will proceed in the absence of this document. The foundation of the assessment order is this Note and in that regard, our attention is invited to several paragraphs in the assessment order. 5) In support of the above submission, reliance is placed upon an order passed by this Court in Writ Petition No. 1204 of 2014, decided on 18th June, 2015 in the matter of M/s. Zodiac Developers Pvt. Ltd. vs. Principal Commissioner of Income Tax­8, Mumbai and a Judgment of the Hon'ble S....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....t in existence, according to the Petitioner. We have no doubt in our mind that if such grounds are raised, the Appellate Authority shall consider them and, not only on the same, but on all other grounds permissible in law, pass orders in accordance with law. It would definitely call for the records and hear all parties on the versions that are placed before it. 7) In the teeth of the Appeals and the orders passed on the stay application, we do not think that we should entertain the Writ Petition. It is not as if the Petitioner is remedyless and once we have clarified that the order of assessment can be challenged inter alia on the ground that it is in utter breach and disregard to the principles of fairness, equity and justice. All the m....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e nature of the income is such that it cannot be brought to tax in India. Even if the ground that the principles of natural justice are violated is accepted, still, the Appellate Authority has an option and the Petitioner can either request it to remit the case back to the Assessing Officer or decide the Appeal on merits. At that stage, the assistance of the principles laid down in this decision can be taken and we have no manner of doubt that the Appellate Authority will go into the same. 10) As far as the issue of criminal prosecution is concerned, we see no reason to entertain the Petition. The Petitioner was aware of the fact that there are proceedings where the income has been assessed to tax and an assessment order has been passed.....