Wp(C)/8809/2024 Of M/S Premier Exports International v. The Assistant Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 13 DAY OF MARCH 2024 / 23RD PHALGUNA, 1945WP(C) NO. 8809 OF 2024 PETITIONER: M/S PREMIER EXPORTS INTERNATIONAL, AP XII, 800, CHANDIROOR, ALAPPUZHA, KERALA, REPRESENTED BY ITS PARTNER M. NISSAM, PIN – 688 547.BY ADV S.ARUN RAJ RESPONDENTS: 1THE ASSISTANT COMMISSIONER OF INCOME TAX, O/O THE ASSISTANT COMMISSIONER OF INCOME TAX, NON- CORPORATE CIRCLE 1 (1), CENTRAL REVENUE BUILDING, 3RD FLOOR, I.S. PRESS ROAD, KOCHI, PIN – 682018. 2THE DEPUTY COMMISSIONER OF INCOME TAX, O/O THE DEPUTY COMMISSIONER OF INCOME TAX, NON- CORPORATE CIRCLE 1 (1), CENTRAL REVENUE BUILDING, 3RD FLOOR, I.S. PRESS ROAD, KOCHI, PIN – 682 018. 3THE CENTRAL BOARD OF DIRECT TAXES, NORTH BLOCK, NEW-DELHI, REPRESENTED BY ITS CHAIRMAN, PIN – 110 003.PIN – 110 003. 4THE PRINCIPAL CHIEF COMMISSIONER OF INCOME TAX,CENTRAL REVENUE BUILDING, I.S. PRESS ROAD, PIN – 682 018.CENTRAL REVENUE BUILDING, I.S. PRESS ROAD, PIN – 682 018. SRI.CYRIAC TOM, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON13.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT The petitioner filed Ext.P3 application for rectification ofExt.P2 order under Section 154 of the Income Tax Act, 1961(hereinafter referred to as ‘the Act’). The said application of thepetitioner has been rejected by Ext.P5 on the finding that noorders can be passed on rectification in terms of the provisionscontained in sub-section (7) of Section 154 of the Act. 2.The learned counsel appearing for the petitioner wouldsubmit that in terms of Ext.P6 circular issued by the Central Boardof Direct Taxes, applications which were filed in time have to bedisposed of on merits notwithstanding the fact that the same hasnot been disposed of within the time specified in sub-section (7) ofSection 154 of the Act. 3.The learned Standing Counsel would submit that thematter can be considered in terms of Ext.P6 circular. Taking into consideration the submissions of the learnedcounsel for the petitioner and the learned Standing Counselappearing for the respondent Department, Ext.P5 order isquashed. The 2[nd] respondent is directed to pass fresh orders on WP(C) NO. 8809 OF 2024 3 Ext.P3 application also taking note of the provisions contained in Ext.P6 circular. DK Sd/-GOPINATH P.JUDGE APPENDIX OF WP(C) 8809/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE PROFIT AND LOSSACCOUNT AND THE BALANCE SHEET FOR THEYEAR ENDING 31-3-2014ACCOUNT AND THE BALANCE SHEET FOR THEYEAR ENDING 31-3-2014 Exhibit P2A TRUE COPY OF THE ASSESSMENT ORDERDATED 27-10-2016 UNDER SECTION 143 (3)ISSUED BY THE 1ST RESPONDENT FOR THEAY 2014-15DATED 27-10-2016 UNDER SECTION 143 (3)ISSUED BY THE 1ST RESPONDENT FOR THEAY 2014-15 Exhibit P3A TRUE COPY OF THE RECTIFICATIONAPPLICATION DATED 7/11/2016 UNDERSECTION 154 OF THE ACT SUBMITTED BYTHE PETITIONER BEFORE THE 1STRESPONDENT FOR THE AY 2014-15APPLICATION DATED 7/11/2016 UNDERSECTION 154 OF THE ACT SUBMITTED BYTHE PETITIONER BEFORE THE 1STRESPONDENT FOR THE AY 2014-15Exhibit P4A TRUE COPY OF THE LETTER DATED 14-3-2023 SUBMITTED BY THE PETITIONERBEFORE THE 1ST RESPONDENT SEEKING TOPASS RECTIFICATION ORDERS ON EXHIBITP-32023 SUBMITTED BY THE PETITIONERBEFORE THE 1ST RESPONDENT SEEKING TOPASS RECTIFICATION ORDERS ON EXHIBITP-3 Exhibit P5A TRUE COPY OF THE ORDER DATED 10-1-2024 UNDER SECTION 154 OF THE ACTISSUED BY THE 2ND RESPONDENT FOR THEAY 2014-15 REJECTING EXHIBIT P3RECTIFICATION APPLICATION2024 UNDER SECTION 154 OF THE ACTISSUED BY THE 2ND RESPONDENT FOR THEAY 2014-15 REJECTING EXHIBIT P3RECTIFICATION APPLICATION Exhibit P5A TRUE COPY OF THE ORDER DATED 10-1-2024 UNDER SECTION 154 OF THE ACTISSUED BY THE 2ND RESPONDENT FOR THEAY 2014-15 REJECTING EXHIBIT P3RECTIFICATION APPLICATION2024 UNDER SECTION 154 OF THE ACTISSUED BY THE 2ND RESPONDENT FOR THEAY 2014-15 REJECTING EXHIBIT P3RECTIFICATION APPLICATION Exhibit P6A TRUE COPY OF THE CIRCULAR NO. 73DATED 7-1-1972 ISSUED BY THE 3RDRESPONDENT, CENTRAL BOARD OF DIRECTTAXES, NEW DELHI UNDER SECTION 119 (2)(A) OF THE ACTDATED 7-1-1972 ISSUED BY THE 3RDRESPONDENT, CENTRAL BOARD OF DIRECTTAXES, NEW DELHI UNDER SECTION 119 (2)(A) OF THE ACTExhibit P7A TRUE COPY OF THE INSTRUCTION NO,1/2016 DATED 15-2-2016 ISSUED BY THE3RD RESPONDENT; CENTRAL BOARD OFDIRECT TAXES, NEW DELHI1/2016 DATED 15-2-2016 ISSUED BY THE3RD RESPONDENT; CENTRAL BOARD OFDIRECT TAXES, NEW DELHI