Driveshafts (India) Ltd. And Others v. A.k.jayasankaran Nambiar Judge

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR WEDNESDAY, THE 13TH DAY OF NOVEMBER 2019 / 22ND KARTHIKA, 1941WP(C).No.30506 OF 2019(K) PETITIONER/S: MR.NAGOOR JAHANGIR RAWTHERAGED 64 YEARSMACKAR MANZIL,XX/125,THYNOTHIL LANE,ALWAYE.P.O,ERNAKULAM-683101. BY ADVS.SRI.ANIL D. NAIRSRI.SREEJITH R.NAIRSMT. ARYA ANILSHRI.GOKULRAJ L.SMT.SRI HARINI S.P. RESPONDENT/S: ASSISTANT COMMISSIONER OF INCOME TAXCORPORATE CIRCLE 2(1),INCOME TAX DEPARTMENT, C R BUILDING,I S PRESS ROAD,KOCHI-682018. OTHER PRESENT: SC, JOSE JOSEPH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON13.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT The challenge in the writ petition is against Ext.P7 order of therespondent, which rejects the objections preferred by the petitioner againsta proposal for reopening of the assessment under the Income Tax Act underSection 147. The said order ( Ext.P7) was passed pursuant to the obligationof the respondent flowing from the judgment of the Supreme Court in GKN Driveshafts (India) Ltd. and others v. Income Tax Officer and Others[259 ITR 19]. The apprehension of the petitioner is that Ext.P7 wouldvirtually be the assessment order passed under Section 147 of the Act andthat no further opportunity would be given to the petitioner for contestingthe findings in Ext.P7 order. The learned Standing Counsel for the respondent submits that theproceedings for completing an assessment under Section 147 will culminateonly after issuance of a notice under Section 143(2) to the petitioner andthereafter hearing the petitioner. In the light of the said assurance of thelearned Standing Counsel for the respondent, I see no reason to interferewith Ext.P7 order impugned in this writ petition. The writ petition istherefore dismissed in its challenge against Ext.P7 order and recording thestatement of the learned Standing Counsel for the respondent. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE //True copy// P.S. to Judge APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1TRUE COPY OF THE RETURNS OF THE PETITIONER ALONG WITH ANNEXURES FOR THE ASSESSMENT YEAR 2014-15ALONG WITH ANNEXURES FOR THE ASSESSMENT YEAR 2014-15 EXHIBIT P2TRUE COPY OF THE ASSESSMENT ORDER DATED 19.12.201619.12.2016 EXHIBIT P3TRUE COPY OF COPY OF AUDITED BALANCE SHEET OF SFO TECHNOLOGIES PVT.LTDOF SFO TECHNOLOGIES PVT.LTD EXHIBIT P4TRUE COPY OF THE NOTICE DAZTED 28.3.2019 OFTHE RESPONDENTTHE RESPONDENT EXHIBIT P5TRUE COPY OF THE REASONS FOR REOPENING OF ASSESSMENT DATED 22.8.2019ASSESSMENT DATED 22.8.2019 EXHIBIT P6TRUE COPY OF THE REPLY DATED 29.8.2019 OF THE PETITIONER.THE PETITIONER. EXHIBIT P7TRUE COPY OF ORDER DATED 1.11.2019 OF THE RESPONDENT.RESPONDENT.