2024 (12) TMI 1115 - HC - Income Tax

Assessment appealable before the CIT (A) u/s 246A - hierarchy of different adjudicating authorities for redressal of grievances arising under the provisions of the Act - petitioner without exhausting the statutory remedies provided under the Act of 1961 has approached directly to this Court invoking extraordinary jurisdiction vested in this under Article 226 of the Constitution of India HELD THAT - We are aware that availability of alternative remedy is not a complete bar to entertain a petition under Article 226 of the Constitution of India and this Court may in its discretion entertain a petition directly against an order of Assessment provided it is demonstrated that the impugned order of Assessment is passed by the incompetent authority or that the same suffers from violation of principles of natural justice. The writ petition can also be entertained in case the vires of any statutory provision is subject matter of challenge in the petition. We are of the considered opinion that the instant case does not fall under any of the exceptions enumerated hereinabove. The order impugned is passed by the Assessing Authority having jurisdiction in the matter. Regarding principles of natural justice, serious dispute is raised by the parties with regard to the receipt of reply to the show-cause notice dated 16.09.2022 by the Assessing Authority as also the request for personal hearing from the petitioner. From the material on record, we are prima-facie convinced that the petitioner had failed to submit the reply to the show-cause notice dated 16.09.2022 well before the time given. The request for personal hearing was made after the time for submission of reply and seeking personal hearing was already over. It is not a clear case of violation of principle of natural justice. We, however, leave this aspect also to be looked into and determined by the appellate authority should the petitioner prefer appeal under the Act of 1961. We are not inclined to entertain the petition and relegate the petitioner to approach the appellate authority for challenging the impugned order of Assessment. The petition is, therefore, dismissed with liberty to the petitioner to avail of the remedy of appeal provided under the Act of 1961. We, however, provide that in case the petitioner chooses to file statutory appeal before the appellate authority under the Act of 1961, the period spent by him in this Court shall be eschewed from the computation of limitation.

Summary

Issues:
1. Jurisdiction of the High Court to entertain a petition directly under Article 226 of the Constitution of India without exhausting statutory remedies.
2. Allegation of violation of principles of natural justice in the order of Assessment dated 26.09.2022 by the Assessing Unit of Income Tax Department for the Assessment Year 2020-21.
3. Consideration of reply to show-cause notice and request for personal hearing by the Assessing Authority.
4. Determination of whether the impugned order of Assessment was passed by the competent authority.
5. Dismissal of the petition and direction to approach the appellate authority under the Income Tax Act, 1961 for challenging the order of Assessment.

Analysis:

The High Court addressed the issue of the jurisdiction to entertain a petition directly under Article 226 of the Constitution of India without exhausting statutory remedies. The Court acknowledged that while the availability of an alternative remedy does not bar a petition under Article 226, it may be entertained if the impugned order is passed by an incompetent authority or violates natural justice principles. The Court highlighted that the writ petition can also be entertained if the vires of any statutory provision is challenged.

Regarding the allegation of violation of principles of natural justice in the order of Assessment, the petitioner contended that the Assessing Authority did not consider the reply to the show-cause notice or provide an opportunity for a personal hearing. However, upon examination, the Court found that the petitioner failed to submit the reply before the deadline and requested a personal hearing after the submission deadline had passed.

The Court determined that the impugned order of Assessment was passed by the Assessing Authority with jurisdiction in the matter. Despite disputes over the receipt of the reply and the request for a personal hearing, the Court found that it was not a clear case of a violation of natural justice. The Court left this aspect to be considered by the appellate authority if the petitioner chooses to appeal under the Income Tax Act, 1961.

Ultimately, the Court dismissed the petition and directed the petitioner to approach the appellate authority for challenging the order of Assessment. The Court granted liberty to the petitioner to avail the remedy of appeal under the Act, with the provision that the time spent in the High Court would not be counted towards the limitation period for filing the appeal.