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TMI Blog2013 (1) TMI 335X X X X Extracts X X X X X X X X Extracts X X X X ..... s pertain to income derived from the Trust in question, these cases are considered together and disposed of through a common judgment. Reference to Exhibits is made as in the order in WP(C).2573/2011. 2. A brief history of facts is as follows. A search under section 132 was conducted at the premises of the educational institution run by the Trust and at the residences of the Trustees. Various incriminating documents disclosing undeclared assets and income belonging to the petitioners, were seized and taken into custody. A sworn statement was recorded from the petitioner in WP(C).2573/2011 under section 132 (4) of the Act. The case was entrusted to the 1st respondent for completion of assessments under section 153 A. On 15.7.2009 notices u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 15.9.2008. It is mentioned in Ext.P18 that the petitioner is in need of photocopies of the seized records in order to prepare cash flow statement and other statements to be submitted. A request was also made for furnishing photocopy of the statement recorded. Case of the petitioners is that, since the respondents have failed in furnishing photocopies of seized records, in compliance with the mandatory provisions contained in section 132 (9), the petitioners were prevented from effectively contesting the assessments. According to the petitioners, since copies of the seized records were not available they were not in a position to file returns or net wealth statement in a true and effective manner. They were also prevented from substantia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... edings for finalisation of the assessment was initiated, is the contention. Even though receipt of Ext.P18 by the 2nd respondent is admitted, it is contended that the request was not made before the assessing authority after the matter was entrusted with the 1st respondent. It is further contended that the petitioners have never raised any objection at the time when the returns were filed or at the time when net wealth statements were furnished. Therefore, according to the respondents, the contention now raised regarding denial of opportunity is totally baseless. It is contended that there is no sustainable grounds to bye pass the statutory remedy of appeal. 5. Further contention raised by the petitioners is regarding denial of effective ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from an assessment under section 153A as provided under section 246 A (ba). It is evident that the Commissioner (Appeals) has got every power to alter, modify or cancel the assessment. Obviously the powers are co-extensive with that of the assessing authority. Therefore it cannot be contended that the remedy of appeal provided is not efficacious in any manner. Question whether the impugned assessments are vitiated for denial of opportunity is a matter which can be looked into by the appellate authority. The petitioners can also contend before the appellate authority that the assessments were completed in an arbitrary manner with exorbitant figures, even by placing reliance on copies of the seized records, which are admittedly furnished to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ification to interfere with the assessment order on the ground of violation of natural justice. The court observed that the only remedy available to the assessee is to file appeal and to contest the matter before the appellate authority. From the side of the respondents reliance was also placed in another decision of this court in Tolin Rubbers (P) Ltd. vs. Assistant Commissioner of Income Tax (Vol.264 (2003) ITR 439). It is held therein that a writ will not normally lie in a case where the assessee can file appeal against the assessment in view of the fact that the appellate authority has got all powers of the assessing officer. 10. In view of he settled legal precedents, I am of the view that the petitioners ought to have filed statutor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... weeks from the date of receipt of a copy of this judgment. 13. If the statutory appeals are filed as directed above, the appellate authority shall take all earnest efforts to dispose of the appeals at the earliest, at any rate within a period of four months from the date of receipt of such appeals. 14. It is necessary to observe that this court through various interim orders had stayed all further proceedings with respect to the proposal issued for imposition of penalty under section 271 (1) (c) and such orders were continued till date. I am of the view that in the interest of justice it is necessary to direct the respondents to keep in abeyance finalisation of any such proceedings till the disposal of the appeals, if filed within the tim ..... X X X X Extracts X X X X X X X X Extracts X X X X
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