Educational and Welfare Trust v. The Assistant Commissioner of Income-tax
[Citation -2020-LL-0203-83]

Citation 2020-LL-0203-83
Appellant Name Educational and Welfare Trust
Respondent Name The Assistant Commissioner of Income-tax
Court HIGH COURT OF HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
Relevant Act Income-tax
Date of Order 03/02/2020
Assessment Year 2017-18
Judgment View Judgment
Keyword Tags application for rectification • outstanding demand
Bot Summary: The petitioner filed an application for rectification under Section 154 of the Act on 26.12.2019. The petitioner contends that the respondent is not passing any orders on the said application for rectification, but instead is attempting to collect the outstanding dues arising out of the said assessment order, and that this action on the part of respondent is illegal, arbitrary and violative of Articles 14 and 300-A of the Constitution of India. Sri B. Narasimha Sarma, counsel appearing for respondent, states that the respondent would dispose of petitioner s application for rectification within a period of four weeks from the date of receipt of copy of the order. In view of the said submission, the Writ Petition is disposed of directing the respondent to dispose of petitioner s application for rectification dt.26.12.2019 filed under Section 154 of the Act within a MSR,J ::2:: wp17342020 period of four weeks from the date of receipt of copy of the order and till the said application is disposed of, there shall be stay of collection of outstanding demand arising of the said Assessment order dt.23.12.2019 passed against the petitioner. Accordingly, the Writ Petition is disposed of with the above directions. As a sequel, miscellaneous petitions pending if any in this Writ Petition, shall stand closed.


HONOURABLE SRI JUSTICE M.S. RAMACHANDRA RAO and HONOURABLE SRI JUSTICE T. AMARNATH GOUD Writ Petition No.1734 of 2020 ORDER : (per Hon ble M.S. Ramachandra Rao) order of assessment under Section 143(3) of Income Tax Act, 1963 was passed against petitioner for Assessment Year 2017-18 on 23.12.2019. 2. petitioner filed application for rectification under Section 154 of Act on 26.12.2019. 3. petitioner contends that respondent is not passing any orders on said application for rectification, but instead is attempting to collect outstanding dues arising out of said assessment order, and that this action on part of respondent is illegal, arbitrary and violative of Articles 14 and 300-A of Constitution of India. 4. Sri B. Narasimha Sarma, counsel appearing for respondent, states that respondent would dispose of petitioner s application for rectification within period of four (04) weeks from date of receipt of copy of order. 5. In view of said submission, Writ Petition is disposed of directing respondent to dispose of petitioner s application for rectification dt.26.12.2019 filed under Section 154 of Act within MSR,J ::2:: wp_1734_2020 period of four (04) weeks from date of receipt of copy of order and till said application is disposed of, there shall be stay of collection of outstanding demand arising of said Assessment order dt.23.12.2019 passed against petitioner. 6. Accordingly, Writ Petition is disposed of with above directions. No order as to costs. 7. As sequel, miscellaneous petitions pending if any in this Writ Petition, shall stand closed. JUSTICE M.S.RAMACHANDRA RAO JUSTICE T. AMARNATH GOUD Date: 03.02.2020 Ndr/* Educational and Welfare Trust v. Assistant Commissioner of Income-tax
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