2023 (2) TMI 1334 - HC - Income Tax

Maintainability of the writ petitions in view of availability of alternative remedy - Denial of Exemption u/s 11 - request of the learned counsel for the appellant/ petitioner to withdraw the writ petitions with liberty to file statutory appeals - HELD THAT - We find merit in the submissions of appellant/ petitioner that once a writ petition is permitted to be withdrawn and the appellant/ assessee is permitted to avail statutory remedy, any observation on the merits of the case ought to be avoided. Following the above judgment of Tin Plate Co. of India Ltd. v. State of Bihar 1998 (11) TMI 532 - SUPREME COURT the observations/findings on the merits of the case made by the learned Single Judge, in the order passed in the writ petitions are vacated/set-aside and the Appellate Authority is directed to decide the appeals, if filed, on merits and uninfluenced/ unobsessed by the observations of the learned Single Judge.

Summary

Issues:
1. Challenge to the order of assessment under Section 11 of the Income Tax Act, 1961.
2. Observations on the merits of the appellant's claim by the learned Single Judge.
3. Maintaining writ appeals after withdrawing writ petitions.
4. Appellate authority's influence by the Single Judge's observations.

Detailed Analysis:
The judgment by the High Court of Madras involves a batch of five writ appeals challenging the order of assessment under Section 11 of the Income Tax Act, 1961. The appellant/petitioner initially contested the orders of assessment denying exemption under Section 11. However, during the proceedings, the appellant sought to withdraw the writ petitions to file statutory appeals due to a preliminary objection on maintainability. The learned Single Judge permitted the withdrawal but made observations on the merits of the appellant's claim, which the appellant argued could adversely affect their right to appeal, making the appeal process a mere formality. The appellant contended that the appellate authority might be influenced by the Single Judge's observations, potentially prejudicing the appeal process.

The Respondent argued that once the writ petitions were withdrawn, the appellant could not maintain the writ appeals. However, the Respondent eventually conceded that the appellant's grievance in the appeals was related to the observations made by the Single Judge while permitting the withdrawal of the writ petitions. After hearing both sides and examining the available materials, the Court found merit in the appellant's submissions. The Court referred to a Supreme Court judgment emphasizing that when an alternative remedy is available, observations on the merits of the case in a writ petition should be avoided to allow the appellate authority to decide independently.

In line with the Supreme Court's precedent, the High Court set aside the observations on the merits made by the Single Judge in the order dated 26.07.2022. The Appellate Authority was directed to decide the appeals, if filed, solely on their merits and without being influenced by the Single Judge's observations. Consequently, the writ appeals were disposed of without costs, ensuring a fair and unbiased appellate process for the appellant.