Disregard of section 143 and section 154 of the Income Tax Act is arbitrary and illegal: Patna High Court.
This case was a writ Petition filled by Lalit Narayan Mishra College of Business Management against the Principal Chief Commissioner, Income Tax, Central Revenue Building, Virchand Patel Path, Patna and Ors. The Judgment in Lalit Narayan Mishra College of Business Management, Vs. The Principal Chief Commissioner (Citation: CWJC No.333 of 2022) was served by HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR.
FACTS OF THE CASE:
This case a writ Petition filled under Article 226 of The Constitution of India, 1950. Through this petition the petitioner sought the Court to quash and set aside the order dated 16th of June 2020 as well as demand notice dated 16th of June 2020 passed Assistant Commissioner of Income Tax and created demand of Rs.1,53,63,423/- without issuing notice. The Respondents wants the Court to hold that the order passed by respondent is wholly illegal and arbitrary as the provision of section 143 (2) and (3) and/or under subsection (3) of section 154 of the Income Tax Act has not been followed. Further it was also prayed by the petitioner the order passed by assessing officer for rectification is unreasonable and hence declare that the demand created by the respondent unreasonable because the assesses is a trust which running college and the activities carried out by trust is wholly charitable as such the whole of the receipt/income is exempted from levy of tax within the meaning of income tax act.
JUDGEMENT:
The Hon’ble Court after going through the arguments made by the parties uphold the rights of the Petitioner and disposed off the petition in favour of the petitioner.
JUDGEMENT REVIEWED BY:AKANKSHA