M/S. Pasari Casting And Rolling ... vs Income-Tax Department Through ...
2022 Latest Caselaw 2773 Jhar

              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                     W.P. (T) No. 1850 of 2022
                                               With
                                     W.P. (T) No. 1851 of 2022
                                               With
                                     W.P. (T) No. 1859 of 2022

              M/s. Pasari Casting and Rolling Mills Private Limited......Petitioner [all cases]
                                                    Versus
              Income-tax Department through its National Faceless
              Assessment Centre, Delhi & others                   ......Respondents [all cases]
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CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh Hon'ble Mr. Justice Deepak Roshan

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For the Petitioner : M/s. Kartik Kurmi, N.K.Pasari, Sidhi Jalan, Advs. For the Respondents: Mr. Rahul Lamba, Advocate

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04 /20.07.2022 All these three writ petitions relate to the same petitioner and in respect of reassessment proceedings initiated under Section 147 read with Section 148 of the Income Tax Act, 1961 which led to passing of reassessment orders on 31st March, 2022 concerning Assessment Years 2015-16, 2016-17 and 2014-15 respectively also under Section 144 of the Income Tax Act, 1961.

Learned counsel for the petitioner has raised the issue of jurisdiction of the Assessing Officer on the question of forming reasons to believe to initiate such reassessment proceedings. He has referred to the show- cause notice dated 31st March, 2021, the reply furnished by the petitioner thereto and the rejection of objection on 16th March, 2022. Thereafter show- cause notice was issued under Section 144 of the Act for addition of certain amounts and imposition of penalty under Section 271(c) of the Act on 29th March, 2022. The reassessment order has been passed on 31st March, 2022. Learned counsel for the petitioner has relied upon the judgments of the Apex Court in the cases of Calcutta Discount Co. Ltd. Vs. Income-Tax Officer, Companies District I, Calcutta, and another reported in [1961] 41 ITR 191 (SC); Income-Tax Officer, I Ward, Distt. VI, Calcutta, and others Vs. Lakhmani Mewal Das reported in [1976] 103 ITR 437 (SC).

Learned counsel for the respondent at the outset has raised a preliminary objection on the maintainability of writ petition in view of alternative remedy of appeal. He relies upon the judgment of Apex Court in the case of Commissioner of Income Tax and others Vs. Chhabil Dass Agarwal reported in (2014) 1 SCC 603. However, learned counsel for the

respondent is allowed three weeks' time to file composite counter affidavit to the writ petition and also to respective Interlocutory Applications.

Matters be listed in the week of 24th August, 2022.

(Aparesh Kumar Singh, J)

(Deepak Roshan, J) jk/