9911796707
TMI Blog2025 (1) TMI 828X X X X Extracts X X X X X X X X Extracts X X X X ..... d restrained the Respondents from adjudicating this issue in regular assessment proceedings. Petitioner had made an application on 31 July 2023 for rectification of the intimation. The said application of the Petitioner was never decided by the AO on the ground that issue of Section 143 (1) adjustment is pending before this Court. We once again clarify that we had not restrained the Respondents from passing any order to decide the rectification application filed by the Petitioner on 31 July 2023. We fail to understand that in the absence of any restraint order by this Court the stand of the Respondents not to adjudicate the rectification application is misconceived. The officer ought to have adjudicated this rectification application in acc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f India, the Petitioner challenges an intimation passed under Section 143 (1) of the Income Tax Act, 1961 ( IT Act ) dated 26 July 2023 for Assessment Year 2022-23 whereby demand of approximately Rs. 6600 Crores has been raised. 4. Vide our order dated 23 August 2023 we had granted ad-interim relief in terms of prayer clause (d) restraining the Respondents from proceeding further pursuant to the impugned intimation. The ad-interim relief granted was continued from time to time. 5. Today the matter was listed for extension of ad-interim relief. However, on perusal of the papers and with the consent of both the learned counsel for the parties, the Petition is taken up for final disposal. 6. Mr. Sheth, the learned counsel for the Petitioner, s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e matter was pending before this Court the officer in 143 (3) order stated that the issue of ICDS adjustment and valuation of inventory would be subject to the outcome of this Petition. 9. We have heard learned counsel for the Petitioner and the Respondents and with their assistance have perused the documents which have been brought to our notice. 10. At the outset, we wish to clarify that at no point of time, we had restrained the Respondents from adjudicating any issue in the regular assessment proceedings, and therefore, the observations made in the assessment order under Section 143 (3) that since the issue of ICDS adjustment and valuation of inventory is pending before this Court, no decision with regard to this issue has been taken, i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e adjustment has been made. 13. In our view, this would require adjudication of facts whether any prior intimation was served on the Petitioner before passing the impugned intimation. This factual determination cannot be examined by this Court in the writ proceedings. However, same can be adjudicated efficaciously before the Appellate Authority. 14. In Section 246A there is no provision of mandatory pre-deposit for admitting and entertaining the appeal, and therefore, the contention of Mr. Sheth that the intimation raises a huge demand of Rs.6600 crores, and therefore, the remedy of appeal is not efficacious remedy, is rejected. Certainly the Petitioner has the remedy of making an application for stay of the demand and any order passed ther ..... X X X X Extracts X X X X X X X X Extracts X X X X
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