G.n.pandian T v. Additional Commissioner Of Income Tax, Range Xiv

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 16.03.2020 CORAM: THE HON'BLE MR. JUSTICE R.MAHADEVANW.P.Nos.29620 and 29621 of 2010and M.P.Nos.1 and 1 of 2010 Uma PandianT 63/64, 8[th] Street,Anna Nagar,Chennai 600 040. ...Petitioner in WP.No.29620/2010 G.N.PandianT 63/64, 8[th] Street,Anna Nagar,Chennai 600 040. ...Petitioner in WP.No.29621/2010Vs 1. Additional Commissioner of Income Tax, Range XIV, 121, Nungambakkam High Road, Chennai – 600 034.2. Commissioner of Income Tax - X, 6[th] Floor, Annex Building, 121 Nungambakkam High Road, Nungambakkam, Chennai – 600 034. ...Respondents in both WPs Writ Petitions filed under Article 226 of the Constitutionof India praying for issuance of Writ of Certiorari, to call forthe records on the files of the second respondent herein inC.Nos.10113/5/CIT-X/10-11 and 10113/4/CIT-X/10-11 respectivelydated 30.11.2010 and quash the said notices. For Petitioners:Mr.S.Thanka SivanFor Respondents:Mrs.Hema Murali Krishnan Standing Counsel COMMON ORDER The challenge made in these writ petitions is to the noticesdated 30.11.2010 issued by the second respondent under section263 of the Income Tax Act, 1961. By the impugned notices, afterhaving observed that the assessment made under section 143(3)treating sale proceeds as Long term Capital gain was erroneousand prejudicial to the interest of the Revenue, the petitionerswere called upon to file objections along with the connectedrecords, if any, to the proposed revision of the assessmentunder Section 263. Without filing necessary objections beforethe second respondent, the petitioners have approached thisCourt with the present writ petitions to quash the said notices. 2.Though the petitioners have raised very many groundsassailing the notices impugned herein, the learned counsel forthe petitioners, during the course of arguments, submitted thatit would suffice, if the petitioners are permitted to fileobjections to the notices impugned herein, for which, thelearned standing counsel appearing for the respondents has noserious objection. 3.Considering the facts and circumstances of the case andhaving regard to the submissions now made by the learned counselon either side, this Court, in order to provide an opportunityto the petitioners, is inclined to permit them to file theirobjections to the proposed revision of assessment under Section263. 4.Accordingly, the petitioners are permitted to filenecessary objections along with the relevant documents, if any,to the second respondent within a period of two weeks from thedate of receipt of a copy of this order. On such filing, thesecond respondent shall consider the same and pass appropriateorders, on merits and in accordance with law, after affordingdue opportunity of personal hearing to the petitioners, within aperiod of four weeks thereafter. 5.Both the writ petitions stand disposed of in the aboveterms. No costs. Consequently, connected Miscellaneous Petitionsare closed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar arr/rk To 1. The Additional Commissioner of Income Tax, Range XIV, 121, Nungambakkam High Road, Range XIV, 121, Nungambakkam High Road, Chennai – 600 034. 2. The Commissioner of Income Tax - X, 6[th] Floor, Annex Building, 121 Nungambakkam High Road, Nungambakkam, Chennai – 600 034. 121 Nungambakkam High Road, Nungambakkam, Chennai – 600 034. +1cc to Hemamuralikrishnan, Advocate, Sr.No.23285 W.P.Nos.29620 and 29621 of 2010 SSI(CO)GS(08/07/2020)