Wp/6580/2022 Of M/S.blue Diamond Leders v. The Assistant Commissioner Of Income Tax

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 23.03.2022 CORAM : THE HONOURABLE MR.JUSTICE R.SURESH KUMARWRIT PETITION NO.6580 OF 2022ANDW.M.P.NOS.6684 & 6685 OF 2022 M/s.Blue Diamond Leders,Represented by its Partner,Mrs.Bhavani Kumaresapandian ... Petitioner The Assistant Commissioner of Income Tax,Central Circle-2(3), Chennai,1[st] Floor, Investigation Building,No.46, (Old No.108), Mahatma Gandhi Road,Nungambakkam,Chennai - 600 034. ... Respondent PRAYER:-Writ Petition under Article 226 of the Constitution ofIndia praying for the issuance of a Writ of Certiorari callingfor the impugned notice dated 29.03.2021 issued under Sectionu/s.148 dated 29.03.2021 for Asst. Year 2015-16 having DIN &Notice No.ITBA/AST/S/148/2020-21/1031882194(1) by the respondentand the consequential order dated 26.02.2022 having DIN & LetterNo.ITBA/AST/F/17/2021-22/1040145545(1) for Asst. Year 2015-2016issued by the respondent and quash the same. The prayer sought for herein is for a Writ of Certioraricalling for the impugned notice dated 29.03.2021 issued underSection u/s.148 dated 29.03.2021 for Asst. Year 2015-16 havingDIN & Notice No.ITBA/AST/S/148/2020-21/1031882194(1) by therespondent and the consequential order dated 26.02.2022 having https://hcservices.ecourts.gov.in/hcservices/ DIN & Letter No.ITBA/AST/F/17/2021-22/1040145545(1) for Asst.Year 2015-16 issued by the respondent and quash the same. 2. In respect of Assessment Year 2015-16, in order to reopenthe assessment under Section 147 of the Income Tax Act, 1961 (Inshort 'the Act'), notice under Section 148 was issued on29.03.2021, pursuant to which the petitioner assessee filed areturn and asked for reasons for reopening the assessment underSection 147. 3. Thereafter, the reasons were given and after receipt ofthe objections raised in this regard by the petitioner assesseewith regard to the reasons given for reopening under Section147, the respondent Revenue, having accepted the return filed bythe petitioner assessee, passed an order of assessment dated07.02.2022. Therefore, virtually the prayer sought for in thiswrit petition challenging the reopening of assessment has becomeinfructuous. 4. However, the learned counsel for the petitioner pointedout that, though the return filed by the petitioner was acceptedand an order of assessment was passed, subsequently there willbe a proceedings under Section 263 of the Income Tax Act, by thePrincipal Commissioner in case the assessment order is erroneousand prejudicial to the interest of the Revenue and if any suchproceedings is initiated in future by the PrincipalCommissioner, unmindful of the assessment order, the chance ofthe petitioner to revive the challenge to this assessment orderas well as the consequential proceedings, if any, to beinitiated under Section 263, shall be protected. 5. I have heard the learned Standing Counsel for theRevenue, who would submit that, merely because this assessmentorder by the Assessing Officer under Section 147 has been passedor issued accepting the return submitted by the assessee, thatwould not preclude the Principal Commissioner from exercisinghis power under Section 263 of the Act. Therefore, no suchproceedings of caveat can be accepted to be undertaken at thismoment from this Court by the petitioner assessee and thereforehe opposes the said move which is sought to be achieved by thepetitioner assessee in this writ petition. 6. Having considered the said submissions made by thelearned counsel for the parties, this Court is inclined todispose of this writ petition with the following order. 7. In view of the aforesaid, where reassessment order on07.02.2022 is passed accepting the return submitted by thepetitioner, the challenge made in this writ petition has becomeinfructuous. Accordingly, this writ petition is liable to be 6. Having considered the said submissions made by thelearned counsel for the parties, this Court is inclined todispose of this writ petition with the following order. 7. In view of the aforesaid, where reassessment order on07.02.2022 is passed accepting the return submitted by thepetitioner, the challenge made in this writ petition has becomeinfructuous. Accordingly, this writ petition is liable to be dismissed and it is accordingly dismissed. However, it is opento the petitioner to challenge any consequential proceedings orfurther proceedings, which includes a proceedings to beinitiated, if any, under Section 263 of the Act by the PrincipalCommissioner in the manner known to law if any lawful ground isavailable to the petitioner assessee. 8. With these observations, this writ petition standsdismissed. No costs. Consequently, connected miscellaneouspetitions are also dismissed. Sd/-Assistant Registrar(CS IV)//True Copy//Sub Assistant Registrar ANU/KSTToThe Assistant Commissioner of Income Tax,Central Circle-2(3), Chennai,1[st] Floor, Investigation Building,No.46, (Old No.108), Mahatma Gandhi Road,Nungambakkam,Chennai - 600 034.+1cc to Mr.K.Ravi, Advocate, S.R.No.20191+1cc to Mr.A.P.Srinivas, Advocate, S.R.No.19575 W.P.NO.6580 OF 2022 ANDW.M.P.NOS.6684 & 6685 OF 2022 SV(CO)PBS/04/04/2022