Sridhar Nagarajan v. The Commissioner Of Income Tax, Aayakhar Bhavan

IN THE HIGH COURT OF JUDICATURE AT MADRAS CORAM THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM Sridhar Nagarajan ...Petitioner in all WPs. Vs 1.The Commissioner of Income Tax, Aayakhar Bhavan, No.121, Nungambakkam High Road, Chennai – 600 034. 2.The Assistant Commissioner of Income Tax, Business Circle – XV, No.121, Nungambakkam High Road, Chennai – 600 034. ... Respondents in all WPs. PRAYER in W.P.Nos.201 & 202 of 2013 : Wirt Petition filed UnderArticle 226 of the Constitution of India to issue of Writ ofCertiorari, calling for the records from the office of the 2ndrespondent ending with the notices dated 07.05.2012 & 20.11.2012respectively and quash the same. PRAYER in W.P.No.203 of 2013 : Writ Petition filed Under Article226 of the Constitution of India to issue of Writ of Mandamus,directing the respondents to grant refund of Rs.23,05,599/- asper the assessment order dated 31.12.2010 with interest asapplicable. COMMON ORDER The notices dated 07.05.2012, 20.11.2012 and theAssessment Order dated 31.12.2010 are under challenge in thesewrit petitions. https://hcservices.ecourts.gov.in/hcservices/ 2. The petitioner is in the business of buying andselling of lands for large corporates. The learned SeniorCounsel appearing on behalf of the writ petitioner made asubmission that the final order of assessment was passedconsidering the return of income as well as the materialsproduced by the writ petitioner on 31.12.2010 and therefore,there is no reason for reopening of assessment in the saidAssessment year by invoking the provisions under Section 147 ofthe Income Tax Act. 3. The learned counsel for the respondents disputedthe said contentions by stating that the Assessing Officer hasreason to believe for reopening of assessment in respect of theincome chargeable to tax and accordingly, issued notice asmandated under Section 148 of the Income Tax Act. The petitionerhas to submit the application by seeking the reasons forreopening of assessment and the Competent Authority has tofurnish the reasons for reopening of assessment and thereafter,the petitioner has to submit his objections on the reasons andthe said objections are to be disposed of by the CompetentAuthority. These procedures are contemplated by the Hon'bleSupreme Court of India in the case of GKN Driveshafts IndiaLtd., vs. ITO reported in 2003 259 ITR 19 (SC), and theAuthorities are also bound to follow the proceduresscrupulously. Even before seeking reasons for reopening ofassessment, the petitioner rushed to the Court and filed thepresent writ petition. Thus, the writ petition is pre-maturedand the petitioner has to make a request for furnishing thereasons for reopening of assessment and thereafter submit hisobjections, if any. 4. In view of the fact that the procedurescontemplated by the Hon'ble Apex Court of India, has not beenadhered to in the present case, the petitioner is at liberty tosubmit an application before the Assessing Officer, seekingreasons for reopening of assessment, who in turn has to furnishthe same and follow the procedures as contemplated. 5. With this liberty, these writ petitions standdisposed of. No costs. Sd/-Assistant Registrar //True copy// Pns Sub Assistant Registrar To 1.The Commissioner of Income Tax, Aayakhar Bhavan, No.121, Nungambakkam High Road, Chennai – 600 034. 2.The Assistant Commissioner of Income Tax, Business Circle – XV, No.121, Nungambakkam High Road, Chennai – 600 034. +3ccs to Mr.K.Krishna Murthy, Advocate SR.No.30016 +1cc to Mrs.Hema Muralikrishnan, Advocate SR.No.30047 W.P.Nos.201, 202 & 203 of 2013 PCH(CO)GMY(20/07/2021)