2021 (7) TMI 333

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..... Murali Krishnan Senior Standing Counsel for Income Tax ORDER The initiation of Writ proceedings under Section 147 of the Income Tax Act and the notice issued under Section 148 of the Income Tax Act as well as disposal of objections passed by the respondent in proceedings dated 22.10.2018 are under challenge in the present Writ Petition. 2.The petitioner states that the total income earned by .....

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..... from MAX NEW YORK LIFE INSURANCE COM LTD of Rs. 2,62,901/-. The respondent has further stated that the previous communications in this regard do not yield any response from the petitioner. 4.The petitioner stated that all these transactions were already looked into by the office of the respondent from the year 2013 and however, the petitioner informed the respondent that her income for Assessment .....

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..... .Purchase of immovable property amounting to Rs. 1,05,02,000/-, 2.Interest from AXIS Mutual Fund as reflected in 26AS of Rs. 57,600/-, 3.Premia from MAX NEW YORK LIFE INSURANCE COM LTD of Rs. 2,62,901/-. These factual details were already furnished and made available with the office of the respondent. Thus, there is no reason for initiation of proceedings under Section 147 of the Income Tax Act, 1 .....

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..... reference to the documents and evidences and or informations made available. Roving cannot be conducted by the High Court under Article 226 of the Constitution of India in a Writ Proceedings. If any prima facie case is established and the competent authority has reason to belief regarding Tax escaped assessment, then the authority must be permitted to proceed with the assessment or re-assessment. .....

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..... icer was permitted to complete the adjudication and pass a final order of Assessment. Thus, the respondent is permitted to communicate the Assessment Order, if any already passed to the Writ Petitioner, enabling the petitioner to redress her grievances by preferring an appeal under the provisions of the Income Tax Act, if advised. 8.Accordingly, the Writ Petition stands dismissed. However, there .....

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