MERINA SABU V. INCOME TAX OFFICER

WP(C)/18082/2022

AI Insights

The case involves Merina Sabu, the petitioner, who challenged the decision of the Income Tax Officer under Section 148 of the Income Tax Act, which pertained to re-assessment proceedings. The petitioner argued that her reply to the initial notice was not considered, leading to an unfair proceeding. The respondents acknowledged a technical error that prevented the consideration of the petitioner's reply. Consequently, the court directed a fresh decision-making process, ensuring that the petitioner's reply is considered and that she is given a fair hearing.

• Counselvise Citation: [2022] 140 COUNSELVISE.COM (IT) 685775 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 06-06-2022
• Assessment Year: misc
• Laws Referred To: Income Tax Act
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: JOSE JOSEPH
• Assessee Lawyers: R NARAYANI HARIKRISHNAN; ANISH ARUN SHANKAR
• Keywords: Quashed; Re-assessment; Technical error; Fresh decision
• Section: 148; 148A

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. MONDAY, THE 6TH DAY OF JUNE 2022 / 16TH JYAISHTA, 1944 WP(C) NO. 18082 OF 2022 PETITIONER/S: MERINA SABU AGED 42 YEARS KONDOOR HOUSE PRAYAR, PANDANAD NORTH PO CHENGANNUR, ALAPPUZHA , PIN - 689124 BY ADVS. R.JAIKRISHNA NARAYANI HARIKRISHNAN ANISH P. C.S.ARUN SHANKAR RESPONDENT/S: 1 INCOME TAX OFFICER WARD - 2 OFFICE OF THE INCOME TAX OFFICER, AAYAKAR BHAVAN, INCOME TAX OFFICE, BEACH ROAD PO, ALAPPUZHA , PIN - 688001 2 PRINCIPAL CHIEF COMMISSIONER OF INCOME TAX OFFICE OF PRINCIPAL CHIEF COMMISSIONER OF INCOME TAX C.R. BUILDING, I.S. PRESS ROAD, ERNAKULAM NORTH P.O KOCHI , PIN - 682018 SRI. JOSE JOSEPH (SC) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 18082 OF 2022 2 JUDGMENT Petitioner has approached this Court being aggrieved by the decision to proceed against the petitioner under Section 148 of the Income Tax Act (for re-assessment), without considering the reply submitted by the petitioner. 2. When this matter is taken up for consideration today, it is the submission of the learned Standing counsel appearing for the respondents that the reply could not be considered on account of some technical error and authorities are not averse to the matter being reconsidered on orders of this Court. 3. Taking note of the submission of the learned Standing Counsel for the respondents, Exts.P7 order and Ext.P8 notice will stand quashed, with a direction to the competent among the respondents to take fresh decision after considering the reply submitted by the petitioner and after affording an opportunity of hearing to the petitioner. A decision shall be taken as above, within one month from the date of receipt of a certified copy of this judgment. I make it clear that I have not expressed any opinion on the merits of the matter. The writ petition is accordingly allowed as above. sd/- GOPINATH P., JUDGE ajt WP(C) NO. 18082 OF 2022 3 APPENDIX OF WP(C) 18082/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT UNDER SECTION 148A OF THE INCOME TAX ACT DATED 24.3.2022 Exhibit P2 TRUE COPY OF THE REPLY ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 9.4.2022 Exhibit P3 TRUE COPY OF THE ORDER OF ADJOURNMENT ISSUED BY THE 1ST RESPONDENT DATED 13.4.2022 Exhibit P4 TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DATED 22.4.2022 Exhibit P5 TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT FROM THE ONLINE PORTAL DATED NIL Exhibit P6 TRUE COPY OF THE SCREENSHOT OF THE ONLINE PORTAL DATED NIL Exhibit P7 TRUE COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT UNDER CLAUSE (D) OF SECTION 148A OF THE INCOME TAX ACT DATED 20.5.2022 Exhibit P8 TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT UNDER SECTION 148 OF THE INCOME TAX ACT DATED 20.5.2022 Exhibit P9 TRUE COPY OF THE INTERIM ORDER ISSUED BY THIS HON'BLE COURT IN WP (C) 15561/2022 DATED 10.5.2022 "