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TMI Blog2021 (7) TMI 69X X X X Extracts X X X X X X X X Extracts X X X X ..... e original Assessment Order on the ground that there was violation of principles of natural justice and the TRC Certificate is not necessary with reference to the Assessment Year 2006-07. This Court is of the considered opinion that the reasons furnished for reopening of assessment in proceedings dated 10.02.2014 reveals that beyond the production of TRC Certificate there are other aspects, which requires an adjudication, which was done by the Assessing Officer and the final order of Assessment was passed in the impugned proceedings dated 21.03.2014. Even in case of violation of principles of natural justice, in all circumstances such cases need not be entertained by the High Court under Article 226 of the Constitution of India by dispen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .P.No.10855 of 2014 And M.P.No.1 of 2014 - - - Dated:- 21-6-2021 - Honourable Mr.Justice S.M.Subramaniam For the Petitioner : Mr.G.Baskar For the Respondent : Mrs.Hema Muralikrishnan Senior Standing Counsel for Income Tax ORDER The assessment order dated 21.03.2014 passed under Section 144 read with Section 147 of Income Tax Act, 1961 with reference to the assessment year 2006-07 is under challenge in the present Writ Petition. 2. The petitioner is the company, engaged in the business of provision of oil field services to various oil majors for off shore exploration and production of hydrocarbons in India and abroad. The petitioner renders drilling services to oil majors including Oil and Natural Gas Corporation Ltd. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ear 2006-07. However, such a Certificate during the relevant point of time were not required to be produced under law. The amended provisions of the Income Tax Act sought to be applied with retrospective effect by insisting the petitioner to produce the Certificate by reopening the assessment proceedings, which is impermissible and in violation of the principles of law. Thus, the very reason for reopening of assessment is not only untenable and the final order of reassessment is to be set aside on the said ground. 5. The learned counsel for the petitioner made a reference regarding the reasons furnished in proceedings dated 10.02.2014 and compared with the objections raised by the petitioner in letter dated 15.04.2013. The petitioner has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .DCIT-Bom-296 ITR 90 , wherein the Court and in the case of Smt.Kamala Ojha Vs. ITO-Bom-88 taxmann.com 468 , the Bombay High Court held that there should be a minimum gap of 4 weeks between the disposal of the objections on the reopening and the passing of the re-assessment order. Undue haste in passing the order of reassessment without giving sufficient time to the assessee to challenge the order rejecting objections is an attempt to overreach the court and to thwart the petitioner's challenge to the order rejecting preliminary objections. In the case of CCIT Vs. Prashanth M.Timbolo SC 103 CCH 0195 Bom-414 ITR 0507 , the Court held that when there is no requirement in law to provide TRC at the time of completion of origina ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... proceedings dated 10.02.2014 and therefore, the reasons furnished are convincing and based on the reasonings, the Assessing Authority passed the final order on 21.03.2014. Under these circumstances, the petitioner if at all aggrieved, has to approach the Appellate Authority under the provisions of the Act and admittedly, the petitioner has not exhausted the appellate remedy as contemplated under the Act and thus, this writ petition is liable to be rejected. 10. This Court is of the considered opinion that an attempt is made by the petitioner to set aside the original Assessment Order on the ground that there was violation of principles of natural justice and the TRC Certificate is not necessary with reference to the Assessment Year 2006 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ances, the aggrieved persons shall prefer an appeal for the purpose of redressing their grievances by following the procedures contemplated. 13. The Appellate Authorities are the final fact finding Authority. The Appellate Authority are empowered to call for the original records, readjudicate the facts and rectify the omissions and commissions and errors, if any committed by the original Authority. Such an adjudication is a paramount importance for the High Court to exercise the power of review under Article 226 of the Constitution of India. The power of review under Article 226 of the Constitution of India is limited and the High Court is empowered to scrutinize the procedures and reasons for arriving a decision by an Authority by follo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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