M/S Amco Industrial Enterprises Pvt. Ltd v. Deputy Commissioner Of Income Tax, Circle-1, Ludhiana

CWP-26015-2016 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP-26015-2016 Date of decision: 27.04.2017 M/s Amco Industrial Enterprises Pvt. Ltd. ..... Petitioner Versus Deputy Commissioner of Income Tax, Circle-1, Ludhiana ..... Respondents CORAM:HON'BLE MR. JUSTICE AJAY KUMAR MITTALHON'BLE MR. JUSTICE RAMENDRA JAIN PRESENT: Mr. SK Mukhi and Mr. Rajiv Sharma, Advocatesfor the petitioner.for the petitioner. Mr. Rajesh Katoch, Advocate for the respondent-Revenue. AJAY KUMAR MITTAL, J. (ORAL) 1.The petitioner has approached this Court under Article 226 ofthe Constitution of India, inter alia seeking quashing of the order dated09.12.2016 (Annexure P-13) whereby the objections filed by the petitionerto the reopening of the assessment of the income tax under Section 148 ofthe Income Tax Act, 1961 (for short 'the Act') was disposed of and it washeld that the Assessing Officer had the relevant material for forming areasonable belief that income has escaped assessment and, therefore, theinitiation of reassessment proceedings under Section 148 of the Act is inorder. 2.Learned counsel for the respondent-Revenue has pointed outthat since no interim order was granted to the petitioner by this Court,therefore, the Assessing Officer has framed the reassessment in pursuance to the proceedings initiated under Sections 147/148 of the Act. It was alsourged that the said order is an appealable order. 3.In view of the above, learned counsel for the petitioner did notdispute that the petitioner has the alternative remedy of appeal challengingthe assessment order which was passed during the pendency of instant writpetition and also the initiation of proceedings for re-assessment underSections 147/148 of the Act which have been impugned herein. He,however, prayed that sometime may be granted to the petitioner to file anappeal before the Appellate Authority and the same be not dismissed on theground of limitation. 4.Accordingly, while disposing of the instant writ petition, wegrant three weeks' time from today to the petitioner to file an appeal beforethe Appellate Authority wherein the petitioner shall be entitled to challengethe assessment order passed in pursuance to the proceedings initiated underSections 147/148 of the Act and also the initiation of proceedings forre-assessment as sought to have been raised herein. 5.It is, however, clarified that if any such appeal is filed by thepetitioner before the Appellate Authority within the stipulated time, thesame shall not be dismissed on the ground of limitation. 6.The instant writ petition stands disposed of, accordingly. ( AJAY KUMAR MITTAL ) JUDGE April 27, 2017 rishu ( RAMENDRA JAIN ) JUDGE Whether speaking/reasonedWhether Reportable Yes/NoYes/No