Shri.jacob Kurien v. Assistant Commissioner Of Income-Tax,Business Circle Xv,New Block, 6[Th] Floor

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM Shri.Jacob Kurien...Petitioner Vs Assistant Commissioner of Income-tax,Business Circle XV,New Block, 6[th] Floor, 121, Nungambakkam High Road,Chennai – 600 034. Prayer : Writ Petition filed Under Article226 of theConstitution of India to issue of Writ of Certiorari, callingfor the records in GIR.No.PAN dated 09.03.2013relating to the Assessment Year 2005-06, quash the same. The Assessment order dated 09.03.2013 passed for theAssessment Year 2005-06 is under challenge in the present writpetition. 2. The petitioner is an Advocate by profession and maintainsaccounts and financial statements as required in terms of theprovisions of the Income Tax Act. In respect of the AssessmentYear 2005-06, a return of income was filed on 29.07.2005 and thesaid return of income was processed under Section 143(1) of theIncome Tax Act on 03.07.2006. Thereafter, it was taken up forscrutiny by issuing a notice under Section 143(2) of the Act on22.07.2006. The petitioner had, in the Return of Income, https://hcservices.ecourts.gov.in/hcservices/ admitted Long Term Capital gains on sale of undivided share ofland at Door No.18, Harrington Road, Chennai – 600 031. Therespondent raised various queries and clarafications and thepetitioner also submitted his documents, Books of Accounts etc., 3. The grievances of the writ petitioner is that theAssessment order originally issued was re-opened by invokingSection 147 of the Income Tax Act. Notice under Section 148 wasissued and the petitioner requested for reasons. The respondentsfurnished the reasons for re-opening of assessment inproceedings dated 27.04.2012 and the petitioner filed objectionsto the reasons in vide letter dated 10.09.2012. Withoutdisposing of the objections, the respondent passed the impugnedorder of assessment. Thus, the Directives of the Hon'ble SupremeCourt of India in the case of GKN Driveshafts (India) Ltd., Vs.Income Tax Officer and others reported in [(2003)259 ITR 19] hasnot been followed in the present case. 4. The learned Senior Standing counsel appearing on behalfof the respondent though disputed the contentions raised by thepetitioner, is unable to establish that the objections filed bythe petitioner on 10.09.2012 was considered and disposed of bythe respondent before passing the impugned assessment order on09.03.2013. This being the factum, the writ petition is to beconsidered. 5. Accordingly, the impugned order passed by the respondentin proceedings in GIR.No.PAN dated 09.03.2013relating to the Assessment Year 2005-06 is quashed and thematter is remanded back to the respondent for freshconsideration. The petitioner is permitted to submit furtherobjections, if any, within a period of two weeks from the dateof receipt of a copy of this order. On receipt of the saidobjections, if any, along with the objections dated 10.09.2012,the respondent shall consider the same on merits and dispose ofthe said objections and thereafter, proceed with the process ofassessment in accordance with law. The respondent is directed tofollow the Directives of the Hon'ble Supreme Court of India inthe case of GKN Driveshafts (India) Ltd.,(cited supra). 6. With these directions, the writ petition stands allowed.No costs. Consequently, connected miscellaneous petitions areclosed. Sd/- Assistant Registrar(CS VI) //True Copy// Kak Sub Assistant Registrar To Assistant Commissioner of Income-tax, Business Circle XV, New Block, 6[th] Floor, 121, Nungambakkam High Road, Chennai – 600 034. Business Circle XV, New Block, 6[th] Floor, 121, Nungambakkam High Road, Chennai – 600 034. +1cc to M/s.Subbaraya Aiyar Padmanabhan, Advocate, S.R.No.36823 +1cc to M/s.Hema Muralikrishnan, Advocate, S.R.No.36529 W.P.No.9151 of 2013 NMI(CO)CT/18/08/2021CT/18/08/2021