Deepak Extrusions Pvt. Ltd. v. The Deputy Commissioner of Income-tax, Central Circle 1(4), Bangalore
[Citation -2017-LL-0905-14]

Citation 2017-LL-0905-14
Appellant Name Deepak Extrusions Pvt. Ltd.
Respondent Name The Deputy Commissioner of Income-tax, Central Circle 1(4), Bangalore
Court HIGH COURT OF KARNATAKA
Relevant Act Income-tax
Date of Order 05/09/2017
Assessment Year 2012-13
Judgment View Judgment
Keyword Tags alternative remedy • demand notice
Bot Summary: Heard the learned Senior counsel for the petitioner-assessee. In view of the impugned order under Section 143(3) of the Income Tax Act, 1961, being appealable before the Higher Authority namely, the Commissioner of Income Tax, this Court is not inclined to Date of Order 05-09-2017 W.P.No. 21872/2016 M/s. Deepak Extrusions Pvt. Ltd.,Vs. The Deputy Commissioner of Income Tax 3/3 entertain the present petition, as an alternative remedy is available to the petitioner against the impugned assessment order under Section 143(3) of the Act dated 29.12.2016 for the Assessment Year 2012-13 in W.P.No. 33124/2017 and impugned assessment order under Section 143(3) of the Act dated 24.03.2016 for the Assessment Year 2013-14 in W.P.No. The Court is advisedly not making any observations on the merits and grounds raised before this Court, as it may adversely affect the proceedings before the Appellate Authorities created under the Income Tax Act, 1961. The writ petitions are therefore liable to be dismissed and accordingly they are dismissed. Copy of this order be sent to the Respondents forthwith.


1/3 IN HIGH COURT OF KARNATAKA, BENGALURU DATED THIS 05th DAY OF SEPTEMBER 2017 BEFORE HON'BLE Dr.JUSTICE VINEET KOTHARI WRIT PETITION No.33124/2017 C/W WRIT PETITION No.21872/2016 (T-IT) BETWEEN: M/S. DEEPAK EXTRUSIONS PVT. LTD., COMPANY INCORPORATED UNDER COMPANIES ACT, 1956 HAVING ITS OFFICE AT: No.180/780, YERANDHALLI VILLAGE JIGANI HOBLI, ANEKAL TALUK BEHIND BOMMASANDRA INDUSTRIAL AREA, BANGALORE-560058 REP. BY ITS DIRECTOR Mr. DEEPAK BETHALA S/O PRAKASH BETHALA AGED ABOUT 43 YEARS. PETITIONER (COMMON) (BY SRI. N. VENKATARAMAN, SENIOR COUNSEL FOR SRI. HARISH V.S. ADV.,) AND: DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 1(4) C.R. BUILDING, QUEENS ROAD BANGALORE-560001. RESPONDENT (COMMON) W.P.No.33124/2017 IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH Date of Order 05-09-2017 W.P.No.33124/2017 c/w W.P.No.21872/2016 M/s. Deepak Extrusions Pvt. Ltd.,Vs. Deputy Commissioner of Income Tax 2/3 IMPUGNED ORDER OF ASSESSMENT PASSED BY RESPONDENT U/S. 143(3) READ WITH SECTION 144 AND 147 OF INCOME TAX ACT DTD:29.12.2016, FOR ASSESSMENT YEAR 2012-13 I.E., ANNEX-R AND CONSEQUENTIAL DEMAND NOTICE ISSUED BY RESPONDENT IN FORM No.7 DTD:29-12-2016, FOR ASSESSMENT YEAR 2012-13 I.E., ANNEX-S & ETC., W.P.No.21872/2016 IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH IMPUGNED ORDER OF ASSESSMENT PASSED BY RESPONDENT U/S. 143(3) READ WITH SECTION 144 INCOME TAX ACT DTD:24.03.2016, FOR ASSESSMENT YEAR 2013-14 I.E., ANNEX-E AND CONSEQUENTIAL DEMAND NOTICE ISSUED BY RESPONDENT IN FORM No.7 DTD:24-03-2016, FOR ASSESSMENT YEAR 2013-14 I.E., ANNEX-E1 & ETC., THESE W.Ps. COMING ON FOR PRELIMINARY HEARING THIS DAY, COURT MADE FOLLOWING:- ORDER Mr. N. Venkataraman, Senior Counsel for Mr. Harish V.S. Adv. for Petitioner 1. Heard learned Senior counsel for petitioner-assessee. 2. In view of impugned order under Section 143(3) of Income Tax Act, 1961, being appealable before Higher Authority namely, Commissioner of Income Tax (Appeals), this Court is not inclined to Date of Order 05-09-2017 W.P.No.33124/2017 c/w W.P.No.21872/2016 M/s. Deepak Extrusions Pvt. Ltd.,Vs. Deputy Commissioner of Income Tax 3/3 entertain present petition, as alternative remedy is available to petitioner against impugned assessment order under Section 143(3) of Act dated 29.12.2016 for Assessment Year 2012-13 in W.P.No.33124/2017 and impugned assessment order under Section 143(3) of Act dated 24.03.2016 for Assessment Year 2013-14 in W.P.No.21872/2016. 3. Court is advisedly not making any observations on merits and grounds raised before this Court, as it may adversely affect proceedings before Appellate Authorities created under Income Tax Act, 1961. 4. writ petitions are therefore liable to be dismissed and accordingly they are dismissed. No costs. Copy of this order be sent to Respondents forthwith. Sd/- JUDGE Srl. Deepak Extrusions Pvt. Ltd. v. Deputy Commissioner of Income-tax, Central Circle 1(4), Bangalore
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