2019 (3) TMI 1561 - HC - Income Tax

Stay on recovery of demand - deposit 20% of the demand within three days of the date of receipt of the letter - no search was initiated under section 132 nor were the books of account or other documents or any assets requisitioned under section 132A and hence no assessment could have been made under section 153A - HELD THAT - Review of the order of the Assessing Officer has not examined the submissions advanced on behalf of the assessee on the specious plea that none of the pleas are covered by the guidelines given by the CBDT in its revised Instruction No.1914 relating to stay on recovery of demand. As further submitted that the Principal Commissioner of Incometax has passed the impugned order on 11.03.2019 which came to be furnished to the petitioner only on 22.03.2019 and thereafter without giving any time to the petitioner to challenge the impugned order the bank account of the petitioner has been attached on 25.03.2019. Having regard to the submissions advanced by the learned advocate for the petitioner issue Notice returnable on 01.04.2019.

Summary

Issues:
1. Validity of assessment order under section 153A of the Income Tax Act, 1961 without initiation of search under section 132.
2. Allegation of mechanical direction to deposit 20% of demand without proper examination of submissions.
3. Challenge against the order of Principal Commissioner of Income Tax and subsequent attachment of bank account.

Analysis:
1. The petitioner challenged the assessment order dated 31.12.2018 passed under section 143(3) read with section 153A of the Income Tax Act, 1961, arguing that no search was initiated under section 132, and thus, assessment under section 153A was not valid. The petitioner contended that the Assessing Officer mechanically directed them to deposit 20% of the demand without proper consideration of the circumstances. The petitioner further highlighted that the Principal Commissioner of Income Tax did not review the order in detail, citing guidelines from the CBDT, and subsequently attached the petitioner's bank account without allowing sufficient time for challenge.

2. The learned advocate for the petitioner emphasized the procedural irregularities in the assessment process, pointing out the lack of search initiation under section 132 as a basis for disputing the validity of the assessment under section 153A. The petitioner raised concerns regarding the hasty decision-making by the Assessing Officer and the Principal Commissioner, alleging a failure to adequately address the submissions made by the assessee. The petitioner's contention focused on the violation of principles of natural justice and procedural fairness in the assessment and subsequent enforcement actions.

3. In response to the submissions made by the petitioner's advocate, the Court issued a Notice returnable on 01.04.2019, allowing for direct service on the same day. The Court's decision to issue a Notice indicates a prima facie consideration of the petitioner's arguments regarding the legality and procedural propriety of the assessment order and subsequent actions taken by the tax authorities. The Court's intervention signifies a judicial review of the matter to assess the alleged irregularities and potential violations of the statutory provisions governing income tax assessments and recovery processes.