Op/1491/2001 Of Shanthini Rabeca Mathew v. Commr.of Income Tax,Trivandurm

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 13TH NOVEMBER 2007 / 22ND KARTHIKA 1929 OP.No. 1491 of 2001(C) ---------------------- PETITIONER: ------------ SHANTHINI REBACA MATHEW,AYANIKATTIL BUNGLOW,PIDAVOOR, PATHANAPURAM. BY ADV. SRI.N.D.PREMACHANDRAN SRI.V.B.HARI NARAYANAN RESPONDENTS: ------------- 1.COMMISSIONER OF INCOME TAX, THIRUVANANTHAPURAM. 2.DEPUTY COMMISSIONER OF INCOME TAX (APPEALS),THIRUVANANTHAPURAM.THIRUVANANTHAPURAM. 3.INCOME TAX OFFICER, WARD - II, KOLLAM. 4.THE TAX RECOVERY OFFICER,TAX RECOVERY OFFICE, USHAS COMPLEX,VADAYATTUCOTTA,KOLLAM – 691 001.TAX RECOVERY OFFICE, USHAS COMPLEX,VADAYATTUCOTTA,KOLLAM – 691 001. BY ADV. SRI.P.K.R.MENON(SR.),SC FOR IT SRI.GEORGE K. GEORGE, SC FOR IT THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 13/11/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP 1491/2001 ORDER ON CMP NO. 2478 OF 2001 IN OP NO. 1491/2001. DISMISSED. 13/11/2007 SD/- (C.N.RAMACHANDRAN NAIR, JUDGE) APPENDIX PETITIONER'S EXHIBITS P1 :COPY OF THE ASSESSEMNT ORDER PASSED ON 15/03/1993 UNDER SECTION144 OF THE INCOME TAX ACT ISSUED by the 3RD RESPONDENT. P2 :COPY OF THE REVISION PETITION FILED BY THE PETITIONER BEFORE THE1ST RESPONDENT DATED 24/05/96. P3 :COPY OF THE ORDER DATED 06/02/97 ISSUED BY THE 1ST RESPONDENT. P4 :COPY of the NOTICE DATED 12/10/98 ISSUED by the 3RD RESPONDENT tothe PETITIONER. NOTICE NO. 46-804-PZ-0230/W-3/KLM. P5 :COPY OF THE APPLICATION DATED 27/12/99 SUBMITTED BY THE PETITIONERBEFORE THE 1ST RESPONDENT. P6 :COPY OF THE COMMUNICATION DATED 01/12/2000 ISSUED BY THE 4THRESPONDENT TO THE PETITIONER. // TRUE COPY // jg PA TO JUDGE. C.N.RAMACHANDRAN NAIR, J. ----------------------------------- O.P. No. 1491 of 2001 ------------------------- Dated, this the 13[th ]day of November, 2007 J U D G M E N T Petitioner is challenging the assessment completed by the 3[rd]respondent, which is confirmed in appeal and revision by theCommissioner of Income Tax in Section 264 proceedings. Incomeassessed pertains to the investment in a truck, which according tothe petitioner is purchased with borrowed capital. Learned counselfor petitioner submitted that the matter was re-presented inrevision by the petitioner’s husband before the Commissioner.Even though during hearing Commissioner directed the petitioner toengage a chartered accountant, without waiting for the petitioner toengage the chartered accountant, the Commissioner passed theorder. Therefore, one more opportunity is prayed for, in this Court,by learned counsel for petitioner. 2.I have heard standing counsel for respondents also. 3.Even though petitioner could not avail the opportunity toproduce the records in appeal or revision, I feel one moreopportunity can be granted because petitioner is not a regularassessee and the only assessment they have made on the petitioneris Ext.P1. Moreover, having regard to the nature of demand, levy of interest has to be quashed because of the stay granted by thisCourt during pendency of the original petition for the last six years. 2.I have heard standing counsel for respondents also. 3.Even though petitioner could not avail the opportunity toproduce the records in appeal or revision, I feel one moreopportunity can be granted because petitioner is not a regularassessee and the only assessment they have made on the petitioneris Ext.P1. Moreover, having regard to the nature of demand, levy of interest has to be quashed because of the stay granted by thisCourt during pendency of the original petition for the last six years. 4.In the circumstances, I dispose of the original petitiongranting one more opportunity to the petitioner to produce therecords before the 3[rd] respondent. Petitioner will take a postingfrom the 3[rd] respondent or the present officer in-charge of thematter, after producing a copy of this judgment, and produce therecords before the 3[rd] respondent to verify and modify theassessment. I direct the 3[rd] respondent to modify the assessment,if records are produced by the petitioner. If assessment issustained, then petitioner can be given an opportunity to make anapplication under Section 117A, Rule 40, for waiver of interestbefore the 3[rd] respondent. Third respondent is directed to considerwaiver of interest taking into account the circumstances in whichthe writ petitioner is placed. (C.N.RAMACHANDRAN NAIR, JUDGE.)