2021 (12) TMI 1477 - HC - Income Tax

Preferring an appeal u/s 246A - as argued if the petitioner is relegated to appellate authority, there will be hindrance in petitioner s way as the limitation for filing the appeal has already passed - HELD THAT - Present writ petition is disposed of with the direction to the petitioner to prefer an appeal before the appellate authority on or before 15.01.2022. In case, appeal is preferred by 15.01.2022, the appellate authority shall consider the same, in accordance with law, ignoring the delay as the petitioner was bonafidely pursuing the present writ petition against the assessment order dated 20.07.2021. Needless to observe that since this Court has not adjudicated on merit of the case, the petitioner will be free to raise all permissible grounds, including the ground in relation to special audit, in accordance with law.

Summary

Issues:
Challenge to assessment order under Income Tax Act, 1961; Delay in filing appeal; Direction to prefer appeal before appellate authority; Consideration of appeal by appellate authority; Grounds for appeal including special audit.

Analysis:

1. Challenge to Assessment Order under Income Tax Act, 1961:
The High Court observed that the petitioner needed to challenge the assessment order dated 20.07.2021 by filing an appeal under Section 246A of the Income Tax Act, 1961. The Court considered the factual background of the case and directed the petitioner to pursue the appropriate legal remedy by way of appealing to the appellate authority.

2. Delay in Filing Appeal:
The petitioner, through their counsel, raised concerns about the limitation for filing the appeal having already passed due to the bonafide pursuit of the writ petition filed on 03.09.2021. The Court acknowledged this issue and addressed it in the subsequent directions provided in the judgment.

3. Direction to Prefer Appeal Before Appellate Authority:
In light of the circumstances presented, the High Court disposed of the writ petition with a specific direction to the petitioner to prefer an appeal before the appellate authority on or before 15.01.2022. This direction aimed to ensure that the petitioner availed the appropriate legal recourse within the prescribed timeline.

4. Consideration of Appeal by Appellate Authority:
The judgment further mandated that if the appeal was filed by the specified date, i.e., 15.01.2022, the appellate authority must consider the appeal on its merits in accordance with the law. The Court emphasized that any delay in filing the appeal should be disregarded due to the petitioner's genuine pursuit of the writ petition.

5. Grounds for Appeal Including Special Audit:
The High Court clarified that since it had not adjudicated on the merits of the case, the petitioner retained the freedom to raise all permissible grounds in the appeal, including those related to special audit, in accordance with the legal provisions. This statement ensured that the petitioner could present their case comprehensively before the appellate authority.

6. Disposition of Stay Petition:
Lastly, the judgment mentioned the disposal of the stay petition in line with the directions provided regarding the appeal process. The Court's decision aimed to streamline the legal proceedings and ensure that the petitioner's rights and interests were adequately protected within the framework of the law.