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Central Board Of Direct Taxes, New Delhi 110 001 v. The Chief Commissioner Of Income Tax

High Court 04 Nov 2022 In favour of: Revenue
Forum / Bench
High Court · hc_cis_mas
Parties
Central Board Of Direct Taxes, New Delhi 110 001 v. The Chief Commissioner Of Income Tax
Date of order
04 Nov 2022
Assessment year(s)
Outcome
Dismissed

The order — as passed by the High Court

Case summary

In Central Board Of Direct Taxes, New Delhi 110 001 v. The Chief Commissioner Of Income Tax, the High Court (2022) dismissed the appeal. The decision went in favour of the Revenue.

Summary auto-generated from the order below — read the full judgment for the complete reasoning.
W.P.No.29227 of 2022 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 04.11.2022 CORAM THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.No.29227 of 2022 Mr.Anil Kumar Ojha ... Petitioner 1.The Chairman, Central Board of Direct Taxes, New Delhi 110 001. Vs 2.The Chief Commissioner of Income Tax, Main Building, No.121, MG Road, Nungambakkam, Chennai – 600 034. 3.The Director General of Income Tax (Investigation) New No.46, Old No.108, Investigation Wing Building, Nungambakkam, Chennai-600 034. 4.Mr.Palaniappan, Liquidator of M/s.SLO Industries Limited, No.B5, Patteswarar Park North Block, Dr.Ramaswamy Layout, Velandipalayam, Coimbatore – 641 025. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondents 1 to 3 to consider the Complaint/Representation dated 15.07.2022 of the Petitioner and to conduct an inquiry and to pass orders in the same within a time frame as may https://www.mhc.tn.gov.in/judisbe fixed by this Court. W.P.No.29227 of 2022 For Petitioner : Ms.C.Jaya Chithra For Respondents : Mr.A.P.Srinivas (for R1 to R3) Senior Standing Counsel O R D E R The petitioner seeks a mandamus for a direction to respondents 1 to 3 to consider complaint dated 15.07.2022, to conduct an enquiry and pass orders within a fixed time frame. 2. Mr.A.P.Srinivas, learned Senior Standing Counsel who accepts notice for R1 to R3 points out that there is no mechanism for disposal of the grievance petition under the provisions of the Income Tax Act, 1961. 3. Mandamus as sought for cannot be issued in the facts and circumstances of the present case as there is no enabling provision under the Income Tax Act, 1961 for the same. Learned counsel for the petitioner is also unable to point to any such provision whereunder the authorities of the Income Tax Department may be directed to consider a complaint. 4. In such circumstances, this Court rejects the prayer of the petitioner and dismisses this writ petition in limine. No costs. Index : Yes / NoSpeaking/non-speaking Order Sl 04.11.2022 To 1.The Chairman, Central Board of Direct Taxes, New Delhi 110 001. 2.The Chief Commissioner of Income Tax, Main Building, No.121, MG Road, Nungambakkam, Chennai – 600 034. 3.The Director General of Income Tax (Investigation) New No.46, Old No.108, Investigation Wing Building, Nungambakkam, Chennai-600 034. https://www.mhc.tn.gov.in/judis W.P.No.29227 of 2022 Dr.ANITA SUMANTH,J. Sl W.P.No.29227 of 2022 04.11.2022
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