Wp/28300/2009 Of Chitta Farma Private Limited v. Assistant Commissioner Of Income Tax

THE HON’BLE SRI JUSTICE V.V.S.RAOAND THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION Nos.28300, 28302, 28493, 28498, 28499, 28500,28501, 28502, 28503, 28504, 28505, 28506, 28507, 28508, 28509,28514, 28525, 28528, 28533, 28537, 28538, 28539, 28540, 28548,28549, 28595, 28633, 28641, 29076, 29308, 29320, 29333, 29338,29341, 29343, 29346, 29347, 29352, 29354, 29357, 29361, 29369,29372, 29375, 29385, 29402, 29403, 29415, 29423, 29424, 29427,29428, 29430, 29431, 29437, 29438, 29439 and 29440 of 2009. Dated:02.02.2011 Between: Chitta Farms Pvt.Ltd,And others. and …Petitioners Assistant Commissioner of Income Tax & Another. …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAOAND THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION Nos.28300, 28302, 28493, 28498, 28499, 28500,28501, 28502, 28503, 28504, 28505, 28506, 28507, 28508, 28509,28514, 28525, 28528, 28533, 28537, 28538, 28539, 28540, 28548,28549, 28595, 28633, 28641, 29076, 29308, 29320, 29333, 29338,29341, 29343, 29346, 29347, 29352, 29354, 29357, 29361, 29369,29372, 29375, 29385, 29402, 29403, 29415, 29423, 29424, 29427,29428, 29430, 29431, 29437, 29438, 29439 and 29440 of 2009. COMMON ORDER:(per Hon’ble Sri Justice V.V.S.Rao) In these writ petitions, the petitioners are assessees on the fileof the first respondent. They filed their income tax returns for theassessment year 2002-2003. Nevertheless the second respondent,purporting to exercise power under Section 147 of the Income Tax Act,1961 (the Act), issued a notice under Section 148 thereof proposing to undertake re-assessment on the allegation that the income chargeableto tax had escaped assessment within the meaning of Section 147 ofthe Act. Being aggrieved by these notices, various assessees filedthese writ petitions. This Court admitted all the cases and passed interim orders oncondition of payment of 50% of the tax with a default clause. Whenthese writ petitions were listed before this Bench on 29.01.2011 it wasbrought to the notice of this Court that, after receiving the impugnednotices under Section 148 of the Act, all the petitioners had filed theirreplies enclosing copies of the returns for the assessment year 2002-2003 raising objections for re-assessment. Today it is also brought toour notice that in all these matters assessment orders were passedunder Section 147 read with Section 143(3) of the Act and that theyhave already preferred appeals under Section 246 of the Act to theCommissioner of Income Tax (Appeals), Hyderabad. To that effect, astatement is also filed. As assessment orders have already been filed,and the petitioners already availed the effective statutory remedyavailable under the Act, it would not be proper for us to express anyopinion on the merits of the case either in relation to the exercise ofjurisdiction under Section 147 or Section 143(3) of the Act. We leaveopen all the issues raised in these cases which can also be raisedalong with the grounds of appeal before the Commissioner of IncomeTax (Appeals), Hyderabad. In view of the above, these writ petitions are dismissed asinfructuous giving liberty to the petitioners to raise all groundsavailable under law before the appellate authority, if the appeals arestill pending. There shall be no order as to costs. _______________ (V.V.S.RAO, J) _____________________________ (RAMESH RANGANATHAN, J) 02.02.2011vs