M/S.Circor Flow Technologies India Private Limited v. The Assessing Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.12.2021
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.NO.25931 OF 2021 & W.M.P.NOS.27401 & 27403 OF 2021 (Through Video Conferencing) M/s.Circor Flow Technologies India Private Limited, Represented by its Director, Shri. Arumugam Singaram, SF No.337/2, No.15, Narayanapuram Village, Thennampalayam to Annur Road, Ponnandampalayam, Coimbatore - 641 659.
... Petitioner .Vs.
1. The Assessing Officer, National Faceless Assessment Centre, Income Tax Department, Ministry of Finance, Delhi.
2. The Deputy Commissioner of Income Tax, Corporate Circle - 1, Coimbatore.
... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for records of the petitioner on the file of the first respondent in PAN:AADCC5649M and quash the impugned notice under Section 143 (3) read with Section 144B in DIN & Notice No:ITBA/AST/S/143(3)/20212022/1035920817(1) dated 27.09.2021 for the Assessment Year 2018-2019.
For Petitioner : Mr.S.P.Chidambaram For Respondents : Mr.A.P.Srinivas Senior Standing Counsel
ORDER
Mr.A.P.Srinivas, learned Senior Standing Counsel takes notice on behalf of the respondents.
2. Heard learned counsel for the petitioner and learned Senior Standing Counsel for the respondents.
3. This Writ Petition is disposed at the time of admission considering the submissions made by the learned counsel for the petitioner and the learned Senior Standing Counsel for the respondents on the ground that the impugned order seeking to demand Income Tax for a sum of Rs.74,77,555/- has been confirmed in the impugned order based on the information gathered by the Income Tax Department from the import-export data received from Central Board of Excise and Customs (CBEC).
4. Though according to the petitioner, the petitioner has received only a sum of Rs.28,96,112/- as income from duty drawback before concluding that the petitioner had received a total duty drawback amounting to Rs.1,03,73,667/- for the Assessment Year 2018-2019 (Financial Year 2017-2018), the petitioner should have been put to notice as it is the categorical stand of the petitioner that the petitioner has received an income of Rs.28,96,112/- only as duty drawback on the export goods.
5. Therefore, the impugned order is set aside and the case is remitted back to the respondents to pass a speaking order on merits and in accordance with law within a period of forty five days from the date of receipt of copy of this order.
6. Since the matter is remitted back to the respondents, the respondents are directed to issue appropriate notice as is contemplated under Section 144B of the Income Tax Act, 1961 within a period of thirty days from the date of receipt of a copy of this order. The petitioner shall thereafter file a reply within a period of fifteen days from the date of receipt of the Show Cause Notice whichever is earlier.
7. The respondents shall thereafter pass appropriate orders within period of forty five days as mentioned above. All the issues are left open to be decided by the respondents based on
the Show Cause Notice to be issued to the petitioner by the respondents.
8. This Writ Petition stands disposed of with the above observations. Consequently, connected Writ Miscellaneous Petitions are also closed. There shall be no order as to costs. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar nst/arb To 1.
The Assessing Officer, National Faceless Assessment Centre, Income Tax Department, Ministry of Finance, Delhi.
2.
The Deputy Commissioner of Income Tax, Corporate Circle - 1, Coimbatore.
+1cc to Mr.S.P.Chidambaram, Advocate, S.R.No.64130 +1cc to Mr.A.P.Srinivas, Advocate, S.R.No.63635 W.P.NO.25931 OF 2021 AND W.M.P.NOS.27401 & 27403 OF 2021 GPL(CO) PBS/21/12/2021