Rajendra Tak v. Chief Commissioner of Income-tax, Jodhpur / Income-tax Officer, Ward-I(1), Jodhpur / Income-tax Officer, Ward-1(4), Jodhpur / Dileep Kothari /Anjana Kothari
[Citation -2019-LL-0913-55]

Citation 2019-LL-0913-55
Appellant Name Rajendra Tak
Respondent Name Chief Commissioner of Income-tax, Jodhpur / Income-tax Officer, Ward-I(1), Jodhpur / Income-tax Officer, Ward-1(4), Jodhpur / Dileep Kothari /Anjana Kothari
Court HIGH COURT OF RAJASTHAN AT JODHPUR
Relevant Act Income-tax
Date of Order 13/09/2019
Judgment View Judgment
Keyword Tags financial transaction • taxable income • notice issued
Bot Summary: Respondents For Petitioner(s) : Mr. Aidan Choudhary on behalf of Mr.Muktesh Maheshwari For Respondent(s) : HON'BLE MR. JUSTICE SANGEET LODHA Order 13/09/2019 By way of this writ petition, the petitioner has questioned the legality of notices dated 26.2.19 and 19.3.19 issued by the Income Tax Officer Ward-1(4), Jodhpur, whereby the explanation is sought from the petitioner in respect of the taxable income from a financial transaction not offered for taxation by filing a return of income. Learned counsel submitted that the petitioner had already filed reply to the notice dated 26.2.19 issued by the Assessing CW-6635/2019 Officer instead of dropping the proceedings initiated, ignoring the reply already filed, yet another notice dated 19.3.19 has been issued. It is not the case of the petitioner that after submission of the reply to the notice seeking verification, any proceeding has been initiated by the Department of Income Tax against him. Obviously, the reply to the notice filed by the petitioner shall be taken into consideration by the Assessing Officer before initiating the proceedings, if any. In the considered opinion of this Court, the present writ petition preferred by the petitioner against the notice issued as aforesaid, is absolutely premature.


HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6635/2019 Rajendra Tak S/o Shri Raghunath Tak, Aged About 45 Years, r/o East Patel Nagar, Ganeshpura, Ratanada Area, Jodhpur. ----Petitioner Versus 1. Chief Commissioner Of Income Tax Jodhpur, Aayakar Bhawan Paota C Road, Jodhpur. 2. Income Tax Officer, Ward -I (1), Jodhpur, Aayakar Bhawan, Paota C Road, Jodhpur. 3. Income Tax Officer, Ward -1 (4), Aayakar Bhawan, Paota C Road, Jodhpur. 4. Shri Dileep Kothari S/o Late Shri Jeewan Lal Ji Kothari, r/o 12-B, Civil Lines, Residency Road, Jodhpur. 5. Smt. Anjana Kothari W/o Shri Dileep Kothari, r/o 12-B, Civil Lines, Residency Road, Jodhpur. ----Respondents For Petitioner(s) : Mr. Aidan Choudhary on behalf of Mr.Muktesh Maheshwari For Respondent(s) : HON'BLE MR. JUSTICE SANGEET LODHA Order 13/09/2019 By way of this writ petition, petitioner has questioned legality of notices dated 26.2.19 and 19.3.19 issued by Income Tax Officer Ward-1(4), Jodhpur, whereby explanation is sought from petitioner in respect of taxable income from financial transaction not offered for taxation by filing return of income. Learned counsel submitted that petitioner had already filed reply to notice dated 26.2.19 issued by Assessing (Downloaded on 14/09/2019 at 12:41:47 PM) (2 of 2) [CW-6635/2019] Officer, however, instead of dropping proceedings initiated, ignoring reply already filed, yet another notice dated 19.3.19 has been issued. It is not case of petitioner that after submission of reply to notice seeking verification, any proceeding has been initiated by Department of Income Tax against him. Obviously, reply to notice filed by petitioner shall be taken into consideration by Assessing Officer before initiating proceedings, if any. In considered opinion of this Court, present writ petition preferred by petitioner against notice issued as aforesaid, is absolutely premature. writ petition is, therefore, dismissed. (SANGEET LODHA),J 34-RP/- (Downloaded on 14/09/2019 at 12:41:47 PM) Powered by TCPDF Rajendra Tak v. Chief Commissioner of Income-tax, Jodhpur / Income-tax Officer, Ward-I(1), Jodhpur / Income-tax Officer, Ward-1(4), Jodhpur / Dileep Kothari /Anjana Kothari
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