2004 (11) TMI 26 - HC - Income Tax

It may be observed here that where the order of the adjudicating authority mentions that the copies have been made available and it has not been received by the petitioner, there cannot be any violation of the principles of natural justice. Whether or not the petitioner has received or has declined to receive the same, is a question of fact. - we decline to entertain the present writ petition under article 226 of the Constitution of India and instead relegate the petitioner to file an appeal before the Tribunal leaving it open to the petitioner to make an application to the Tribunal for giving copies of the documents of relied upon documents which, as per allegation, it has not received so far in terms of the earlier order of the Tribunal

Summary

Issues:
Challenge to orders dated July 27, 2004, and March 29, 2004 - non-compliance with principles of natural justice, availability of relied upon documents, alternative remedy under Income-tax Act.

Analysis:
The petitioner, a manufacturer of air-conditioners, sought to challenge orders passed by the Commissioner of Customs and Central Excise and the Assistant Commissioner of Income-tax. The petitioner alleged non-compliance with the principles of natural justice, specifically regarding the availability of relied upon documents. The Tribunal had earlier remanded the matter for fresh consideration, directing the authorities to provide relevant documents to the petitioner. However, a dispute arose regarding the actual receipt of these documents, with the petitioner claiming non-receipt while the Department asserted that the documents were made available but refused by the petitioner. The High Court noted that such factual disputes are best addressed by the appellate authorities rather than under a writ petition.

The petitioner contended that the failure to provide relied upon documents amounted to a violation of natural justice, citing relevant legal precedents. However, the Court held that if the adjudicating authority states that documents were made available, the question of receipt or refusal by the petitioner becomes a factual matter. Consequently, the Court found that the decisions cited by the petitioner were not directly applicable to the present case. Additionally, the Court observed that pursuing alternative remedies simultaneously, such as appealing under the Income-tax Act, was impermissible.

Ultimately, the High Court dismissed the writ petition under Article 226 of the Constitution of India, directing the petitioner to pursue remedies through the appropriate channels. The petitioner was advised to appeal before the Tribunal and apply for the necessary documents as per the earlier Tribunal order. Furthermore, the petitioner was encouraged to approach the Commissioner of Income-tax (Appeals) regarding the pending assessment appeal. The Court emphasized the importance of exhausting available remedies and ensuring compliance with previous orders for a fair resolution of the matter.