SHAMSUDHEEN C P V. ASSISTANT COMMISSIONER OF INCOME TAX

WP(C)/28123/2018

AI Insights

The case involves Shamsudheen C P, a businessman, who collected approximately 2.5 crores from friends and relatives to revive his business. The Income Tax authorities seized this amount, alleging that the source of the funds was unexplained. Following assessment proceedings, the amount was deemed income by the authorities, and tax, penalty, and other charges were deducted, leaving a balance that has yet to be refunded to the petitioner. The petitioner filed a writ petition seeking the expedited processing of his refund request (Ext.P6) submitted to the 1st respondent, the Assistant Commissioner of Income Tax. The court's decision was based on the assurance from the Standing Counsel that the matter would be processed promptly.

• Counselvise Citation: [2018] 140 COUNSELVISE.COM (IT) 755132 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 26-09-2018
• Assessment Year: misc
• Laws Referred To: Income Tax Act
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: JOSE JOSEPH
• Assessee Lawyers: TOMSON EMMANUEL
• Keywords: Assessment; Income Tax; Penalty; Refund; Seizure
• Section: 143(3); 274; 271AAB

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU WEDNESDAY,THE 26TH DAY OF SEPTEMBER 2018 / 4TH ASWINA, 1940 WP(C).No. 28123 of 2018 PETITIONER/S: SHAMSUDHEEN C P CHAKUPURAKKAL HOUSE, ANAMANGAD P.O., PIN - 679 357, MALAPPURAM DISTRICT BY ADV. TOMSON T.EMMANUEL RESPONDENT/S: 1 ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE - 1, AAYAKAR BHAVAN (NORTH BLOCK), KOZHIKODE - 673 001 2 DEPUTY DIRECTOR OF INCOME TAX (INVESTIGATION) KOZHIKODE - 673 001. 3 PRINCIPAL CHIEF COMMISSIONER OF INCOME TAX REVENUE BUILDINGS, KOCHI - 682 018. 4 COMMISSIONER OF INCOME TAX (APPEALS) KOZHIKODE - 673 001. BY ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.09.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2- W.P.(C). No. 28123 of 2018 JUDGMENT The petitioner, a businessman, claims to have collected about 2.5 crores from friends and relatives to revive his business. But the Income Tax authorities seized the amount as, according to them, the petitioner could not explain the source. Later, the amount was subjected to assessment proceedings, which culminated through the Ext.P2. Now, the authorities assessed the income because the petitioner himself conceded the amount to be income. Now, the tax, penalty, and other incidental charges deducted, there remains the balance amount. The authority has yet to refund the amount. 2. In that context, the petitioner has submitted the Ext.P6 representation before the 1st respondent. Seeking its early disposal, the petitioner has filed this writ petition. 3. In response to the submissions made by the petitioner's counsel, the learned Standing Counsel agrees that the 1st respondent will process the petitioner's Ext.P6 representation and will obtain the 3rd respondent's approval in due course. Thus he assures the Court that the authorities will dispose of the petitioner's claim for refund at -3- W.P.(C). No. 28123 of 2018 the earliest. Under these circumstances, without adverting to the merits, I dispose of the writ petition, holding that the 1st and 3rd respondents will process the petitioner's Ext.P6 representation and take an appropriate decision, expeditiously, in two months, after their receipt of a copy of this judgment. Sd/- DAMA SESHADRI NAIDU JUDGE das APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 COPY OF INCOME TAX RETURN FOR THE ASSESSMENT YEAR 2010-11 SUBMITTED BY PETITIONER. EXHIBIT P1 A COPY OF INCOME TAX RETURN FOR THE ASSESSMENT YEAR 2011-12 SUBMITTED BY PETITIONER. EXHIBIT P1 B COPY OF INCOME TAX RETURN FOR THE ASSESSMENT YEAR 2012-13 SUBMITTED BY PETITIONER. EXHIBIT P1 C COPY OF INCOME TAX RETURN FOR THE ASSESSMENT YEAR 2013-14 SUBMITTED BY PETITIONER. -4- W.P.(C). No. 28123 of 2018 EXHIBIT P1 D COPY OF INCOME TAX RETURN FOR THE ASSESSMENT YEAR 2014-15 SUBMITTED BY PETITIONER. EXHIBIT P1 E COPY OF INCOME TAX RETURN FOR THE ASSESSMENT YEAR 2015-16SUBMITTED BY PETITIONER. EXHIBIT P1 F COPY OF INCOME TAX RETURN FOR THE ASSESSMENT YEAR 2016-17 SUBMITTED BY PETITIONER. EXHIBIT P2 COPY OF ASSESSMENT ORDER PASSED BY 1ST RESPONDENT FOR ASSESSMENT YEAR 2010-11 U/S.143(3). EXHIBIT P2 A COPY OF ASSESSMENT ORDER PASSED BY 1ST RESPONDENT FOR ASSESSMENT YEAR 2011-12 U/S.143(3). EXHIBIT P2 B COPY OF ASSESSMENT ORDER PASSED BY 1ST RESPONDENT FOR ASSESSMENT YEAR 2012-13 U/S.143(3). EXHIBIT P2 C COPY OF ASSESSMENT ORDER PASSED BY 1ST RESPONDENT FOR ASSESSMENT YEAR 2013-14 U/S.143(3). EXHIBIT P2 D COPY OF ASSESSMENT ORDER PASSED BY 1ST RESPONDENT FOR ASSESSMENT YEAR 2014-15 U/S.143(3). EXHIBIT P2 E COPY OF ASSESSMENT ORDER PASSED BY 1ST RESPONDENT FOR ASSESSMENT YEAR 2015-16 U/S.143(3). EXHIBIT P2 F COPY OF RECTIFICATION ORDER PASSED BY 1ST RESPONDENT FOR ASSESSMENT YEAR 2016-17. -5- W.P.(C). No. 28123 of 2018 EXHIBIT P3 COPY OF NOTICE U/S.274 OF INCOME TAX ACT ISSUED TO PETITIONER FOR ASSESSMENT YEAR 2016-17, PROPOSING TO IMPOSE PENALTY. EXHIBIT P4 COPY OF PENALTY ORDER DATED 29/06/2018 IMPOSED BY 1ST RESPONDENT U/S.271AAB OF INCOME TAX ACT FOR ASSESSMENT YER 2016-17. EXHIBIT P5 COPY OF APPEAL IN FORM NO.35 SUBMITTED BEFORE 4TH RESPONDENT AGAINST EXT.P5 PENALTY. EXHIBIT P6 COPY OF LETTER DATED 12/07/2018 SUBMITTED BEFORE 1ST RESPONDENT FOR REFUND OF EXCESS AMOUNT AFTER ADJUSTING INCOME TAX PAYABLE IN EXT.P1 TO P1(E). "