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TMI Blog2022 (10) TMI 316X X X X Extracts X X X X X X X X Extracts X X X X ..... the effect that a sum relates to payment made towards purchase of edible oil and the balance sum was treated as unexplained investment of R.Srinivasan and assessed in his hands. Whereas, the first respondent treated the entire sum as unaccounted income in the hands of the appellant and levied tax for the same, by the order impugned in the writ petition, which is illegal and arbitrary. When the same was brought to the notice of the writ court, the learned Judge erred in considering the same and dismissing the writ petition, by relegating the appellant to file statutory appeal before the appellate authority. Such an argument advanced on the side of the appellant, cannot be countenanced by this court, as the same involves factual aspects of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... evan And Honourable Mr. Justice Mohammed Shaffiq For the Appellant : Mr. R.L. Ramani, Senior Advocate for Mr. M.B. Raveendran. For the Respondents : Mr. A.P. Srinivas Senior Panel Counsel for Mr. ANR. Prathap Standing Counsel. JUDGMENT [Judgment of the Court was delivered by R. MAHADEVAN, J.] This writ appeal arises from the order dated 27.04.2022 passed by the learned Judge in W.P.No.10769 of 2022. 2. The necessary facts leading to the filing of this writ appeal wound run thus: 2.1. The appellant is engaged in the manufacture of edible oils. In respect of the assessment year 2013-14, they filed their return of income on 29.09.2013, which was processed under Section 143 (1) of The Income Tax ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o be treated as income from unexplained source under Section 68 of the Act. Accordingly, the appellant submitted their reply on 28.03.2022 along with supporting documents, stating that the amount of Rs.10,05,97,000/- deposited by the said R.Srinivasan was not towards any loan, but towards purchase of edible oil and trade advance. 2.5. Notwithstanding the same, on 29.03.2022, the Assessing Officer passed an order under Section 147 of the Act, confirming the proposal to treat the payment made by the said R. Srinivasan as unexplained income under section 68 of the Act. 2.6. Challenging the order of assessment dated 29.03.2022, the appellant preferred writ petition bearing no.10769 of 2022. By order dated 27.04.2022, the learned Jud ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... late authority by filing statutory appeal. The learned Senior counsel also submitted that the learned Judge did not take note of the fact that the objections along with supporting documents, filed by the appellant were not considered and were summarily rejected by the assessing officer, on the ground that voluminous data have been filed at the fag end of the year i.e., after a period of 11 months from the initiation of the reassessment proceedings; and ultimately, dismissed the writ petition, by the order impugned herein, which is erroneous in law and contrary to the facts and circumstances of the case. Stating so, the learned Senior counsel prayed to allow this appeal by setting aside the orders impugned in the writ appeal as well as in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... naccounted cash was deposited in Shri R.Srinivasan's account and subsequently transferred to assessee. Thus, assessee had not made fully and truly all material facts necessary for their assessment; I have reason to believe that income has escaped assessment within the meaning of section 147 of the Income-tax Act, 1961 for the year under consideration. Though the appellant filed their objections to the reassessment proceedings, the assessing officer rejected the same and passed the order of reassessment on 29.03.2022 imposing tax, for the payment of Rs.10,05,97,000/- made by the said Srinivasan, treating it as income from unexplained source under section 68 of the Act. The challenge to the said order of assessment by the appellan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ellant to file statutory appeal before the appellate authority. 8. Such an argument advanced on the side of the appellant, cannot be countenanced by this court, as the same involves factual aspects of the case, which have to be determined by the appellate authorities, after analysing the material evidence produced before the same. The learned Judge, upon hearing the parties, has correctly opined that 'any error has been committed or mistake is committed by the assessing authority in considering such reply given by the appellant is a minute factual details, which cannot be gone into by this court under Article 226 of the Constitution, because if there is any procedural violation of principles of natural justice or for want of juri ..... X X X X Extracts X X X X X X X X Extracts X X X X
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