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TMI Blog2021 (8) TMI 199X X X X Extracts X X X X X X X X Extracts X X X X ..... r to now ascertain source of the email from the Directorate of Systems, who is having control over all income tax systems is too late in the day. Any reasonable official would have conducted the said enquiry before filing his counter affidavit and before making a serious allegation of perjury and forgery, even if prima facie, against the deponent of the writ petition. Consequently, in the opinion of this Court, the said offer of DCIT, CC-06 lacks bonafides. As the allegation pertains to a sensitive server belonging to the Ministry of Finance/Department of Income Tax and involves a senior official of the Income Tax Department holding a sensitive post, this Court directs the Central agency, namely Central Bureau of Investigation (CBI) to enquire as to whether the email dated 31st May, 2021 (Annexure P-4) had been issued to the petitioner or not, and if so, by whom. The CBI shall file its enquiry report with this Court within four weeks. The Deponent of the writ petition and the counter affidavit are also directed to cooperate with the officials of the CBI. Registry is also directed to forward a copy of this order along with the entire paper book to the Director, CBI, on or befo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Resolution Professional of the Petitioner was unable to access the records of the Petitioner-Company due to various lockdown restrictions imposed by the State of Uttar Pradesh. 4. Learned counsel for the petitioner had stated that on the same day i.e. 31st May 2021 at around 04:00 p.m., the Respondent had granted an adjournment by way of an email (Annexure P-4) till 14th June 2021. He had, however, stated that on 02nd June 2021 the petitioner received impugned Assessment Order dated 01st June 2021. The said email dated 31st May, 2021 at Annexure P-4 is reproduced hereinbelow:- [email protected] DONOTREPL [email protected]. in To: [email protected] Dear Taxpayer, Greetings from Income-tax department. Response due date for submission to notice 142(1) is extended up to null \? Your taxes build a Nation\? Income-tax department 5. Learned counsel for the petitioner had emphasised that the assessment order was bad in law because on 31st May 2021, the adjournment sought by the Resolution Professional of the petitioner company had been granted and the matter had been adjourned for 14th June 2021. He had ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... PC. The relevant portion of the counter affidavit is reproduced hereinbelow:- 2. That the sheet-anchor of Petitioner's case is Annexure-P4 annexed at page 29 of the instant Petition. The Petitioner avers that said document emanated/originated from the official e-mail identity (E-mail id) of the Respondent, while the Respondent avers that the said document did not emanate/originate from official E-mail id of the Respondent. In other words, authenticity of the said document is the core dispute in the instant Petition. 3. That the said issue is captured in the Order dated 11-6-2021, when this matter first came up before a Vacation Bench of this Hon'ble Court. This Hon'ble Court observed: xxxx xxxx xxxx xxxx 3.2. That therefore, it is the Respondent's case that the Petitioner has approached the Writ Court with unclean hands and deserves to be thrown out in limine on grounds of non-bonafide conduct. Therefore, the instant counter-affidavit is confined only to the authenticity/genuineness aspect of Annexure-P4, and not to the merits of the matter. The Respondent craves leave of this Hon'ble Court to submit additional counter-affidavit at a later date, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ner from the e-mail ID [email protected]. Vide the said email, the Petitioner was allegedly intimated that Response due date for submission to notice 142(1) is extended up to null. Copy of the above-said alleged e-mail from [email protected] to the Petitioner on 31.05.2021 at 4:01 PM is annexed hereto and marked as Annexure R-6. 4.8. That as per express admission of the Petitioner, both the abovesaid e-mails annexed at Annexure R-5 and Annexure R-6 were received by the Petitioner at [email protected] 5. That therefore, the Respondent avers that the emails originating from Respondent originated from official e-mail id of the Respondent being [email protected] and were addressed to the e-mail id of Petitioner on records of Respondent being [email protected]. 6. That the Respondent avers that the e-mails annexed at Annexure R-5 and Annexure R-6 originating from [email protected] and addressed to [email protected] did not originate from Respondent's email-id 7. That, prima facie, the Petitioner has committed offences against Public Justice within the meaning of C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Re: Allocation of Writ Petition (Civil) No. 5912 of 2021 in the matter of THREE C HOMES PVT LTD (PANAADCT7045E) Vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 6, NEW DELHI FOR A.Y. 2018-19.reg- Greeting Sir, Please refer to the trailing mail. In the aforesaid case, all the communication with respect to assessment proceedings u/s 143(3) for AY 2018-19, have been made with the assessee from designated email id i.e., [email protected] only. No other email id has been used for making official communication with the assessee by the undersigned in the concerned proceedings. With regard to the writ petition, the Petitioner has claimed that the Petitioner has received an email on 31.05.2021 at 4:01 PM from the e-mail ID [email protected]. Vide the said email, the Petitioner has allegedly intimated that Response due date for submission to notice 142(1) is extended up to null. [Pg 29 (Annexure P4)]. The said communication has not originated from the office of the undersigned having email id [email protected]. Further in your trailing mail, you have mentioned that the Hon ble High Court is of the view ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ho in turn, is directed to nominate an officer to conduct the enquiry. 17. This Court clarifies that in the event it is found that the email dated 31st May, 2021 (Annexure P-4) had been forged and fabricated by the petitioner it would initiate action under Sections 191/192/196 of the IPC. However, if it is found that the email dated 31st May, 2021 (Annexure P-4) had been issued by the Income Tax of India s e-filing portal, then it would not hesitate to take action against the Deponent of the counter affidavit for stating half-truths , namely, that the email dated 31st May, 2021 (Annexure P-4) had not been generated by the respondent, as from the order dated 11th June, 2021 and the averment made in the counter affidavit, this Court has no doubt that the inarticulate submission of the respondent is that the email dated 31st May, 2021 (Annexure P-4) has been forged and fabricated by the petitioner. 18. This Court may mention that it is constitutionally bound to ensure that citizens of this country who invoke the extra ordinary jurisdiction of this Court are not intimidated by allegations of forgery and prosecution and that too by officials who do not exercise the duty of care b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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