Mr. Upendra Prasad Vs Union Of India And Ors

Jharkhand High Court 17 Dec 2020 Writ Petition (T) No. 1614 Of 2020 (2020) 12 JH CK 0163
Bench: Division Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Writ Petition (T) No. 1614 Of 2020

Hon'ble Bench

Aparesh Kumar Singh, J; Anubha Rawat Choudhary, J

Advocates

Prashant Pallav, Amrita Sinha

Final Decision

Disposed Of

Acts Referred
  • Income Tax Act, 1961 - Section 142A, 142A(6), 147, 148

Judgement Text

Translate:

1. Heard learned counsel for the petitioner Mr. Prashant Pallav and Ms. Amrita Sinha for the Income Tax Department.

2. Petitioner approached this Court for a number of reliefs as under:

a. For the issuance of an appropriate writ(s), order(s) or direction(s) for the quashing of the order dated 18th of September 2019 (Annexure-12)

issued under Section 142A of the Income Tax Act, 1961 as the same is time-barred and hit by the limitation as prescribed under Section 142A(6) of

the Income Tax Act, 1961, and the same is also beyond the jurisdiction of the valuation officer as the valuation report was made outside the scope of

reference under Section 142A of the Income Tax Act, 1961. b. For the issuance of an appropriate writ(s), order(s) or direction(s) for the quashing of

the notice bearing number ITBA/AST/S/148/2018- 19/1012873162(1) dated 8th of October 2018 (Annexure-2) sent under Section 148 of the Income

Tax Act, 1961 as the same has been issued without proper jurisdiction and sanction.

c. For the issuance of an appropriate writ(s), order(s) or direction(s) of the order passed under Section 147 of the Income Tax Act, 1961 vide order

dated 27th of December 2019 is passed without assigning proper 'reason to believe', the 'sanction note', or without passing any order on the

objection(s) as raised by the Petitioner.

d. For the issuance of an appropriate writ(s), order(s) or direction(s) to stay the operation of the impugned demand notice issued vide letter(s) bearing

number ITBA/COM/F/17/2019-20/1025000229(1) dated 11th of February 2020 (Annexure-16) and Letter bearing number ITBA/COM/F/17/2019-

20/1025157776(1) dated 13th of February 2020 (Annexure-16) by the respondent department during the pendency of the appeal before the

Commissioner of Income Tax (Appeal), Ranchi. e. For the issuance of such other writ(s), order(s), or direction(s) as this Hon'ble Court may think just

and proper in the facts and circumstances of the case doing conscionable justice to the petitioner.

But, learned counsel for the petitioner has confined himself to the prayer relating to issuance of an appropriate direction upon the respondent no.

2 for disposal of the stay petition which is pending before the respondent no. 2 since February, 2020.

3. On the previous date, taking note of the submission of learned counsel for the petitioner, Ms. Amrita Sinha representing the respondent department

was allowed short time to obtain instruction in the matter. Today, on instruction, she submits that stay application (Annexure-15) shall be disposed of

within a period of two weeks from today. Petitioner should cooperate in the matter. She submits that the rest of the prayers are not fit to be

entertained in writ jurisdiction as the petitioner has already preferred an appeal against the order of assessment passed under Section 147 of the

Income Tax Act, 1961.

4. Learned counsel for the petitioner submits that the writ petition may be disposed of in the light of the statements made by learned counsel for the

department to the limited prayer concerning the disposal of the stay petition.

5. Upon hearing learned counsel for the parties and in that view of the matter, the writ petition is disposed of on the understanding that the stay petition

preferred by the petitioner shall be disposed of by the respondent no. 2/competent authority within a period of two weeks from today. Petitioner should

cooperate in the matter. Let it be made clear that we have not gone into the merits of case.

From The Blog
Madras High Court to Hear School’s Plea Against State Objection to RSS Camp on Campus
Feb
07
2026

Court News

Madras High Court to Hear School’s Plea Against State Objection to RSS Camp on Campus
Read More
Delhi High Court Quashes Ban on Medical Students’ Inter-College Migration, Calls Rule Arbitrary
Feb
07
2026

Court News

Delhi High Court Quashes Ban on Medical Students’ Inter-College Migration, Calls Rule Arbitrary
Read More