Wp/6269/2022 Of M/S. Idfc Limited v. The Assistant Commissioner Of Income Tax

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 31.03.2022 CORAM THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P.No.6269 of 2022andW.M.P.Nos.6339 & 6341 of 2022 M/s. IDFC Ltd KRM Towers 7[th] Floor,No.1, Harrington Road,Chetpet, Chennai – 600031Represented by its Managing Director Shri. Sunil Kakar ... Petitioner 1.The Assistant Commissioner of Income Tax,Corporate Circle – 2(1)121, Mahatma Gandhi Road,Nungambakkam, Chennai – 600 034. 2.The Assessing Officer,National Faceless Assessment Centre,New Delhi. ... Respondents PRAYER: Petition filed under Article 226 of the Constitutionof India, praying for issuance of a Writ of Certiorari,calling for the records of the petitioner on the file of the1[st] respondent and quash the impugned notice under Section 148in DIN and Notice No.ITBA/ AST /S/ 148/ 2020-21/1031927780(1)dated 30.03.2021 and the consequential order disposing offobjections issued by the 2[nd] respondent in DIN and LetterNo.ITBA/AST/F/ 17/2021- 22/ 1039128178 (1) dated 27.01.2022for the Assessment year 2016-17 in PAN- . For Petitioner: Mr.S.P.Chidambaram For Respondents: Mrs.Hema Muralikrishnan Senior Standing Counsel ORDER The prayer sought for herein is for a Writ of Certiorari,calling for the records of the petitioner on the file of the1st respondent and quash the impugned notice under Section 148in DIN and Notice No.ITBA/ AST /S/ 148/ 2020-21/1031927780(1)dated 30.03.2021 and the consequential order disposing offobjections issued by the 2nd respondent in DIN and LetterNo.ITBA/AST/F/ 17/2021- 22/ 1039128178 (1) dated 27.01.2022for the Assessment year 2016-17 in PAN- .https://hcservices.ecourts.gov.in/hcservices/ 2. This writ petition relates to the Assessment Year2016-17. In order to reopen the assessment under Section 147of the Income Tax Act, 1961 [in short, 'the Act'], notice wasissued under Section 148 of the Act, pursuant to which, returnwas submitted by the assessee. Thereafter, reasons were askedfor reopening. Reasons were given, which were objected by thepetitioner/assessee. Having considered the said objection, itwas disposed of, rejecting the same by order dated 27.01.2022.Challenging this order, the present writ petition has beenfiled. 3. Heard Mr.S.P.Chidambaram, learned counsel for thepetitioner, who would submit that, before moving this writpetition, only yesterday (i.e., on 30.03.2022), the order ofassessment under Section 147 of the Act has been passed. 4. Heard Mrs.Hema Muralikrishnan, learned Senior StandingCounsel appearing on behalf of the respondents, who would alsosubmit that, in view of the order of assessment having beenpassed, nothing survives in this writ petition, as thepetitioner has to workout his remedy against the assessmentorder. Therefore, this writ petition can be disposed ofaccordingly. 5. Considering the developments taken place and havingregard to the said submission made by the learned counselappearing for both sides, this Court is inclined to pass thefollowing orders:●Since subsequent to these proceedings, whichare impugned herein, assessment has beencompleted, assessment order has also beenpassed already, therefore, these proceedingscannot stand for any challenge before thisCourt under Article 226 of the Constitution ofIndia. Hence, this Writ Petition is liable tobe rejected. Accordingly it is dismissed. ●However, the dismissal of this writ petitionwill not preclude the petitioner/assessee tochallenge the order of assessment passed underSection 147 of the Act in the manner known tolaw. No costs. Consequently, connectedmiscellaneous petitions are closed. Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To 1.The Assistant Commissioner of Income Tax,Corporate Circle – 2(1)Corporate Circle – 2(1) 121, Mahatma Gandhi Road,Nungambakkam, Chennai – 600 034.Nungambakkam, Chennai – 600 034. Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To 1.The Assistant Commissioner of Income Tax,Corporate Circle – 2(1)Corporate Circle – 2(1) 121, Mahatma Gandhi Road,Nungambakkam, Chennai – 600 034.Nungambakkam, Chennai – 600 034. 2.The Assessing Officer,National Faceless Assessment Centre,New Delhi.National Faceless Assessment Centre,New Delhi. +1 cc to Mr.S.P.Chidambaram, Advocate Sr.NO. 21659 +1 cc to Mrs.Hema Muralikrishnan, Advocate Sr.NO. 22002 W.P.No.6269 of 2022 PMK(CO) A.SK(10/06/2022)