Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2022 (10) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (10) TMI 316 - HC - Income TaxReopening of assessment u/s 147 - addition u/s 68 - payment made towards purchase of edible oil - HELD THAT:- Cash deposit which has been assessed in the hands of the appellant alleging that R.Srinivasan who had deposited the money, did not have any means to do so, has been simultaneously considered by the first respondent in the assessment order passed in the case of the said R.Srinivasan, wherein, the said sum was accepted to the effect that a sum relates to payment made towards purchase of edible oil and the balance sum was treated as unexplained investment of R.Srinivasan and assessed in his hands. Whereas, the first respondent treated the entire sum as unaccounted income in the hands of the appellant and levied tax for the same, by the order impugned in the writ petition, which is illegal and arbitrary. When the same was brought to the notice of the writ court, the learned Judge erred in considering the same and dismissing the writ petition, by relegating the appellant to file statutory appeal before the appellate authority. Such an argument advanced on the side of the appellant, cannot be countenanced by this court, as the same involves factual aspects of the case, which have to be determined by the appellate authorities, after analysing the material evidence produced before the same. The learned Judge, upon hearing the parties, has correctly opined that 'any error has been committed or mistake is committed by the assessing authority in considering such reply given by the appellant is a minute factual details, which cannot be gone into by this court under Article 226 of the Constitution, because if there is any procedural violation of principles of natural justice or for want of jurisdiction, then only, the extraordinary jurisdiction of this court become invokable, challenging the assessment order directly before this court and in respect of other cases, the assessee has to go before the Appellate Authority to file quantum appeal' and ultimately, dismissed the writ petition by the order impugned herein, which does not call for any interference at the hands of this court. The learned Senior counsel for the appellant would appeal to this court that the time granted by the learned Judge for filing the statutory appeal has already expired and hence, the same may be extended, for which, there is no serious objection on the side of the respondent authorities. This Court extends the time for filing a statutory appeal by the appellant by two weeks from the date of receipt of a copy of this judgment.
|