Madras HC remanded matter as assessee was asked to submit voluminous doc. within 2-3 days
- Blog|News|Income Tax|
- < 1 minute
- By Taxmann
- |
- Last Updated on 8 October, 2021
Latest from Taxmann
Case Details:Manickam Subramanian v. ACIT - [2021] 130 taxmann.com 433 (Madras)
Judiciary and Counsel Details
-
-
R. Suresh Kumar, J.
- R. Senniappan for the Petitioner.
- N. Dilipkumar, Sr. Standing Counsel for the Respondent.
-
Facts of the Case
Assessing Officer (AO) seized huge amount of hot cash from the assessee’s premises pursuant to a search conducted under section 132. During that search, statement was also recorded. Notice was issued under section 143(2) for submitting various details. In reply to the notice, the assessee requested for time.
Without affording time, the AO passed the impugned order on ground that the assessee could not produce the relevant documents within time. Assessee filed writ-petition before the Madras High Court.
High Court Held
The Madras High Court held that in the last notice dated 29-3-2021 issued to assessee, several details had been asked from him. Such details were required to be produced on or before 2-4-2021, that is, within two or three days. Within the shortest possible time during the pandemic period, it cannot be reasonably expected that the assessee would be able to collect all these documents and produce before the revenue.
Thus, the impugned assessment order was to be interfered with, and the matter was to be remitted back to the AO for reconsideration after giving an opportunity to the petitioner to produce those documents within a reasonable time.
Disclaimer: The content/information published on the website is only for general information of the user and shall not be construed as legal advice. While the Taxmann has exercised reasonable efforts to ensure the veracity of information/content published, Taxmann shall be under no liability in any manner whatsoever for incorrect information, if any.
Taxmann Publications has a dedicated in-house Research & Editorial Team. This team consists of a team of Chartered Accountants, Company Secretaries, and Lawyers. This team works under the guidance and supervision of editor-in-chief Mr Rakesh Bhargava.
The Research and Editorial Team is responsible for developing reliable and accurate content for the readers. The team follows the six-sigma approach to achieve the benchmark of zero error in its publications and research platforms. The team ensures that the following publication guidelines are thoroughly followed while developing the content:
- The statutory material is obtained only from the authorized and reliable sources
- All the latest developments in the judicial and legislative fields are covered
- Prepare the analytical write-ups on current, controversial, and important issues to help the readers to understand the concept and its implications
- Every content published by Taxmann is complete, accurate and lucid
- All evidence-based statements are supported with proper reference to Section, Circular No., Notification No. or citations
- The golden rules of grammar, style and consistency are thoroughly followed
- Font and size that’s easy to read and remain consistent across all imprint and digital publications are applied
Sign Up
To subscribe to our weekly newsletter please log in/register on Taxmann.com
Latest Books
Everything on Tax and Corporate Laws of India
To subscribe to our weekly newsletter please log in/register on Taxmann.com
