2013 (1) TMI 485 - HC - Income Tax

Notice u/s 142 - Held that - As this Court passed interim order dated 06.12.2011 admitting the writ petition and directing the petitioner to furnish details regarding the income as sought for in Ext.P2 without disclosing the names and addresses of customers of the petitioner based on the information so furnished, AO may complete the assessment. As Petitioner submitted that information was furnished and was rejected when assessment completed against which they have already filed an appeal before the statutory authorities & the appellate authority is seized of the appeal filed by the petitioner, it is unnecessary for this Court to go into the merits of the contentions raised - dispose of this writ petition directing that the appellate authority will pass orders on the appeal.

Summary

Issues:
Challenge to Income Tax notices under Sections 142, non-compliance penalties, return rejection.

Analysis:
The petitioner, a Co-operative Society, challenged notices under Section 142 of the Income Tax Act, penalties for non-compliance, and the rejection of its return. An interim order was passed directing the petitioner to provide income details without disclosing customer information. The Assessing Officer completed the assessment despite the information furnished, leading to an appeal filed by the petitioner against the assessment orders before statutory authorities.

The High Court, in its judgment, noted the interim order, the furnishing of information by the petitioner, and the completion of assessment despite this. Given the appeal filed with the appellate authority challenging the assessment orders, the Court deemed it unnecessary to delve into the merits of the contentions raised in the writ petition. Consequently, the Court disposed of the writ petition, directing the appellate authority to pass orders on the appeal, while leaving the contentions raised in the writ petition open for further consideration.

In conclusion, the High Court's judgment focused on the procedural aspects of the case, acknowledging the petitioner's compliance with the interim order and subsequent appeal filed against the assessment orders. By directing the appellate authority to address the appeal, the Court ensured that the petitioner's grievances would be reviewed through the appropriate statutory channels, maintaining the integrity of the legal process in tax matters.