Murlibhai Fatandas Sawlani v. Income-tax Officer
[Citation -2019-LL-0712-29]

Citation 2019-LL-0712-29
Appellant Name Murlibhai Fatandas Sawlani
Respondent Name Income-tax Officer
Court SUPREME COURT
Relevant Act Income-tax
Date of Order 12/07/2019
Assessment Year 2008-09
Judgment View Judgment
Bot Summary: UPON hearing the counsel the Court made the following ORDER Delay condoned. The only question involved in this special leave petition is whether notice under Section 148 dated Signature Not Verified 24th March, 2015 issued by the Income Tax Digitally signed by ASHOK RAJ SINGH Date: 2019.07.13 12:53:35 IST Reason: Officer, Ward 1(1)(4) in respect of assessment year 2008- 2009 to the petitioneris legal or not. 2 In our view, the proper remedy of the petitioner -assessee would be to raise all pleas before the Assessing Officer in assessment proceedings and if it is decided against him then to carry the issue further in appeal to CIT and then to the Tribunal in second appeal and then to the High Court under Section 260-A of the Income Tax Act, if the occasion so arises in appeal. We are not inclined to interfere with impugned order passed by the High Court in view of the liberty granted above. Needless to observe the Assessing Officer shall decide all the issues strictly in accordance with law on merits if the assessment proceedings are still pending. The special leave petition is accordingly disposed of.


SUPREME COURT OF INDIA RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 31904/2017 (Arising out of impugned final judgment and order dated 19-01-2016 in SCA No.19320/2015 passed by High Court of Gujarat at Ahmedabad) MURLIBHAI FATANDAS SAWLANI PETITIONER(S) VERSUS INCOME TAX OFFICER RESPONDENT(S) (IA No.123445/2017-CONDONATION OF DELAY IN FILING and IA No.123451/2017-PERMISSION TO FILE ADDITIONAL DOCUMENTS) Date : 12-07-2019 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE HON'BLE MS. JUSTICE INDU MALHOTRA For Petitioner(s) Dr.Sushil Balwada, AOR Ms.Neelam Singh, Adv. Mr.Sameer Singh, Adv. For Respondent(s) Mr.Sanjay Jain, ASG Mr.H.Raghavendra Rao, Adv. Mr.Ashok Panigrahi, Adv. Mr.S.Vinay Ratnakar, Adv. Mr.Nawab Singh, Adv. Mrs.Anil Katiyar, Adv. UPON hearing counsel Court made following ORDER Delay condoned. only question involved in this special leave petition is whether notice under Section 148 dated Signature Not Verified 24th March, 2015 (Annexure P-1) issued by Income Tax Digitally signed by ASHOK RAJ SINGH Date: 2019.07.13 12:53:35 IST Reason: Officer, Ward 1(1)(4) in respect of assessment year 2008- 2009 to petitioner (assessee)is legal or not. 2 In our view, proper remedy of petitioner -assessee would be to raise all pleas before Assessing Officer in assessment proceedings and if it is decided against him then to carry issue further in appeal to CIT (Appeals) and then to Tribunal in second appeal and then to High Court under Section 260-A of Income Tax Act, if occasion so arises in appeal. We are not, therefore, inclined to interfere with impugned order passed by High Court in view of liberty granted above. Needless to observe Assessing Officer shall decide all issues strictly in accordance with law on merits if assessment proceedings are still pending. special leave petition is accordingly disposed of. Pending applications, if any, stand disposed of. (Ashok Raj Singh) (Chander Bala) Court Master Court Master Murlibhai Fatandas Sawlani v. Income-tax Officer
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