1979 (11) TMI 59 - HC - Income Tax

Summary

Issues: Jurisdiction of High Court to issue a writ of prohibition against the Income Tax Officer (ITO) for reopening assessment, Cause of action arising within the jurisdiction of the court, Interpretation of Article 226(2) of the Constitution of India, Validity of notice issued by ITO under section 148 of the Income Tax Act, Jurisdiction of ITO as per section 124 of the IT Act.

Analysis:

The petitioner filed a writ petition seeking a writ of prohibition against the ITO, A Ward, Circle I, Kakinada, who issued a notice proposing to reopen the assessment for the year 1973-74. The petitioner challenged the notice on grounds of being wrong, illegal, and without jurisdiction. The key contention was whether any part of the cause of action arose within the jurisdiction of the High Court to issue the writ. Article 226(2) of the Constitution of India allows a High Court to issue a writ if the cause of action arises wholly or in part within its jurisdiction. The petitioner, a sugar company, was assessed by the ITO in Kakinada, and the notice to reopen assessment was also served there. The ITO's jurisdiction is defined under section 124 of the Income Tax Act, based on the location of the business or profession. As the petitioner's factory was in Chagallu falling under the ITO's jurisdiction in Kakinada, the court found no cause of action within its jurisdiction.

The court emphasized that the location of the administrative office in Madras was irrelevant to determine jurisdiction. Referring to similar cases, the court cited judgments where the High Courts held that no cause of action within their territories meant they lacked jurisdiction to entertain writ petitions. In one case, the Allahabad High Court dismissed a petition as the cause of action did not arise within U.P. territory. Similarly, the Calcutta High Court ruled against jurisdiction in a case where disciplinary proceedings against a railway servant were initiated in Bihar, despite the railway's head office being in Calcutta. These precedents supported the present decision to dismiss the writ petition for lack of jurisdiction, with no order as to costs.

In conclusion, the High Court of Madras dismissed the writ petition as it lacked jurisdiction to entertain the case, following precedents where no cause of action within the court's territory led to the rejection of similar petitions. The decision was based on the interpretation of Article 226(2) of the Constitution of India and the jurisdiction defined under section 124 of the Income Tax Act.