9911796707
TMI Blog2025 (4) TMI 297X X X X Extracts X X X X X X X X Extracts X X X X ..... ) of the Income Tax Act, 1961 (hereinafter referred to as the "said Act"), dated 27th March, 2024 for the assessment year 2017-18, the sanction order under Section 151 of the said Act, in respect of the self same assessment year and the notice issued under Section 148 of the said Act dated 27th March, 2024, in respect of the self same assessment year, the instant writ petition has been filed. 3. Mr. Khaitan, learned senior advocate appearing for the petitioner by drawing attention of this Court to the show-cause notice issued under Section 148A(b) of the said Act dated 9th February, 2024 for the assessment year 2017-18 would submit that the said notice has been issued, inter alia, on the ground of violation of the proviso to Section 13A of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... first proviso and the explanation thereto, would submit that only in case there is information with the assessing officer that income has escaped assessment that a notice under Section 148 can be issued. Admittedly, in this case, according to him, there was no cause or information available with the respondents. 5. Independent of the above by drawing the attention of this Court to the approval granted under Section 151 of the said Act, he would submit that the Principal Chief Commissioner of Income Tax while granting approval did not take into consideration the materials on record and had acted mechanically. By referring to serial no. 15 of the aforesaid sanction order, he would submit that the same records that no reply had been received ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g of this petition. By drawing the attention of this Court to the communication dated 25th July, 2024 appearing on page 438 of the writ petition, he would submit that the petitioner had been categorical in its assertion to challenge the order and the notice issued under Section 148A(d) and 148 of the said Act respectively, both dated 27th March, 2024 for the assessment year 2017-18 by filing a writ petition as the same, according to the petitioner was invalid. Despite issuance of such letter, the instant writ petition has been filed a little more than six months from the date of issuance of such letter that too only after the show-cause proposing the variation had been served on the petitioner, as would appear from the notice dated 13th Mar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efully appreciate the same, the aforesaid section is extracted herein below. "13-A. Special provision relating to incomes of political parties.-Any income of a political party which is chargeable under the head "Income from house property" or "Income from other sources" or "capital gains" or any income by way of voluntary contributions received by a political party from any person shall not be included in the total income of the previous year of such political party: Provided that:- (a) such political party keeps and maintains such books of account and other documents as would enable the Assessing Officer to properly deduce its income therefrom; (b) in respect of each such voluntary contribution other than contribution by way of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al party" means a political party registered under Section 29A of the Representation of the People Act, 1951 (43 of 1951)." 11. Incidentally, it would be relevant to note that in the instant case, the return submitted by the petitioner would demonstrate that the petitioner had suffered a loss and therefore, ordinarily, as rightly submitted by Mr. Khaitan the exemption under Section 13A of the said Act would not have made a difference. This aspect in my view ought to have been considered by the sanction granting authority while granting sanction under Section 151 of the said Act. Records would, however, reveal that while granting the sanction, the sanction granting authority being the Principal Chief Commissioner of Income Tax did not cons ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ioner from maintaining the writ petition though the same becomes a relevant consideration for grant of interim relief. Having regard thereto, and considering the fact that the respondents are on the verge of bringing the assessment proceedings to a conclusion, I am of the view that the petitioners despite having made out a prima facie case is not entitled to stay of further proceedings, though a limited protection may be afforded. 14. Having regard thereto and upon ascertaining from the learned advocates of the parties that the assessment order is yet to be passed, I grant liberty to the petitioner to respond to the notice proposing variation dated 13th March, 2025 by 04:30 p.m. on 29th March, 2025. Accordingly, if such response is filed, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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