TMI Blog2021 (2) TMI 481X X X X Extracts X X X X X X X X Extracts X X X X ..... and another decided on 16.11.2018 in [ 2018 (12) TMI 130 - DELHI HIGH COURT ], (i) wherein it has been expostulated that the expostulations of law, borne in a judgment rendered in case title as Carlton Overseas Pvt. Ltd. v. Income Tax Officer Ors [ 2009 (8) TMI 57 - DELHI HIGH COURT ] (ii) inasmuch as the reassessment of the completely assessed tax, upon, apposite tax returns, filed by the taxable unit, being valid, only upon, tangible material being made available to the revenue, and, also that hence an audit objection or an audit report issued by the revenue rather not constituting potent material - The afore expostulations of law borne in the judgment, for all the hereinabove reasons, is pointedly and squarely applicable to the factual matrix available hereat, and, in consonance therewith, this Court proceeds to set aside the impugned Annexures, through its invoking the power of judicial review, invested under Article 226 of the Constitution. Petition allowed. - CWP No. 2998 of 2020 - - - Dated:- 27-11-2020 - Hon ble Mr. Justice Sureshwar Thakur, Judge. And Hon ble Mr. Justice Chander Bhusan Barowalia, Judge. For the Petitioner : Mr. Atul Jhingan, Advocate. Fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t reported in (2014) 1 SCC 603, titled as Commissioner of Income Tax and others versus Chhabil Dass Agarwal. 4. The vigor, of the afore initial address, as, made by the learned counsel for the writ petitioner, to, draw leverage from the afore exceptions, to, the settled jurisprudential principle appertaining, to exercise of writ jurisdiction by the High Court, inasmuch, as, the exercisings or re-coursings by it, of, the power of judicial review hence invested under Article 226 of Constitution of India, being circumscribed with a fetter, hence, rested, on, an alternate thereto befitting statutory remedy becoming bestowed upon the aggrieved litigant, (i) pointedly inasmuch from the striking apposite exception appertaining to the impugned Annexures wanting in legal sanctity, (ii) given theirs becoming sparked, from a blatant infringement becoming visited upon Section 23, of, the Act, provisions whereof, stand extracted hereinafter, is to be tested, and, determined. Re-assessment of tax 23. (1) If in consequence of definite information which has come into his possession, the Assessing Authority discovers that the turnover of the business of a dealer has been under-asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or escaped assessment, becomes encapsulated, (i) thereupon unless in Section 24 of the Act, any specific extension(s) to the period of limitation hence contemplated in Section 23 of the Act, become mentioned, and, theirs also become mandated, to, become generated from audit observations or audit paras, appertaining, to or unfolding underassessed or escaped assessment, (ii) thereupon also, hence the embargo of limitation of three years, prescribed in Section 23 of the Act, would be construable, to, become hence extended or thereupon, the statutory prescription of an inflexible, and, rigid bar of limitation of three years, for the relevant purpose, would become undone. However, a reading of section 24 of the Act, provisions whereof stand extracted hereinafter, make(s) explicit expressions, that the period of limitation, of three years, for the relevant purpose, and as, becomes enumerated in Section 23 of the Act, being relaxable or becoming deemed, to be extended, for, giving effect to (a) any order made by the Court or (b) any authority under the Act. However, if the audit observation or audit verification, is to be construed to be other authority under the Act, thereupon th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of, tax as borne in the apposite returns, filed by the taxable unit, becomes visibly vested in the assessing authority, through statutory empowerment, becoming conferred, upon the assessing authority. In sequel thereto, the latter through an order borne in Annexure P-12A, anvilled its reassessment, of, the initially assessed tax qua the petitioner-Unit, upon, an audit observation. The apposite order of reassessment, as, embodied in Annexure P- 12-A, displays qua an allusion being made to the audit observations, appertaining to the purported under-assessed or escaped tax, and, further reveals qua theirs arising from purported breaches being visited, to, the provisions of Section 11(1) and 11 (3) of the Act, provisions whereof stand extracted hereinafter:- 11 (1) Subject to the provisions of this Act, the input tax credit which a purchasing registered dealer (hereinafter in this section called the purchasing dealer ) may claim, in respect of taxable sales made by him during the tax period, shall be- (i) the amount of input tax paid or payable by such purchasing dealer to the selling registered dealer, on the turnover of purchases of such goods as have been sold by h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he afore trite exceptions appertaining, to, exercise of writ jurisdiction, by this Court, given availability, of, a befitting alternative statutory remedy (i) inasmuch as, upon, the re-assessment order, lacking in application of mind, and, (ii) it reiteratedly becoming aroused from a blatant breach becoming visited, upon, the afore apposite statutory provisions. Consequently, he reiteratedly argues that the extant writ petition is the most befitting remedy, for the redressal, of, the grievances, of, the writ petitioner. 9. In the afore endeavour he has made reliance, upon, the photocopy of a computer generated judgment, of, the Hon ble Apex Court, in case rendered in case titled as FIS Global Business Solutions India Pvt. Ltd. Versus Principal Commissioner of Income Tax-3, New Delhi and another decided on 16.11.2018 in +W.P.(C) 12277/2018, C.M. APPL.47539/2018, (i) wherein it has been expostulated that the expostulations of law, borne in a judgment rendered in case title as Carlton Overseas Pvt. Ltd. v. Income Tax Officer Ors (2009) 318 ITR 95 (ii) inasmuch as the reassessment of the completely assessed tax, upon, apposite tax returns, filed by the taxable unit, being valid, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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