Facts of the Case
The
petitioner, Orissa Cement Ltd., filed a writ petition before the Delhi
High Court seeking issuance of a writ of prohibition against the Commissioner
of Income Tax. The petitioner sought to restrain the Commissioner from
proceeding under Section 263 of the Income-tax Act, 1961 and from passing
any order pursuant to the notice issued under the said provision.
At the initial stage of the proceedings, the Court granted interim protection restraining the Commissioner from passing any final order pursuant to the notice issued under Section 263. Subsequently, various procedural orders were passed during the pendency of the writ petition.
Issues Involved
- Whether the
Commissioner of Income Tax could proceed with revision proceedings under
Section 263 of the Income-tax Act.
- Whether the writ petition
challenging the proposed action under Section 263 remained maintainable
after the Commissioner passed an order and the petitioner availed the
statutory appellate remedy.
- Whether the writ petition had become infructuous in view of subsequent developments.
Petitioner’s Arguments
- The petitioner
challenged the initiation of proceedings under Section 263 of the
Income-tax Act.
- It sought a writ
prohibiting the Commissioner from continuing with the revision proceedings
and from passing any order pursuant thereto.
- During the final
hearing, counsel for the petitioner submitted that an order under Section
263 had already been passed.
- The petitioner had also
availed the appellate remedy available under the Income-tax Act against
such order.
- In view of these developments, the petitioner stated that it did not wish to press the writ petition further.
Respondent’s Arguments
- The Revenue defended
the proceedings initiated under Section 263 of the Income-tax Act.
- During the pendency of
the writ petition, the statutory proceedings culminated in the passing of
an order under Section 263.
- The respondents pointed out that the petitioner had already pursued the appellate remedy available under the Act, thereby rendering the writ proceedings unnecessary.
Court Order / Findings
The Delhi
High Court noted the submission made on behalf of the petitioner that:
- The order under Section
263 of the Income-tax Act had already been passed.
- The petitioner had
availed the statutory appellate remedy against such order.
- Consequently, the petitioner
was no longer pressing the writ petition.
Taking note of the above circumstances, the Court held that the writ petition had become infructuous and accordingly disposed of the same.
Important Clarification
- The Court did not
adjudicate upon the legality or validity of the proceedings initiated
under Section 263.
- No findings were
recorded on the merits of the revision proceedings.
- The writ petition was
disposed of solely because the impugned proceedings had culminated in a
final order and the petitioner had already availed the appellate mechanism
prescribed under the Income-tax Act.
- The decision reinforces the principle that where an effective statutory appellate remedy has been invoked and the original challenge has become academic, a writ petition may be treated as infructuous.
Legal Principle Emerging from the Case
Where a
taxpayer challenges proceedings initiated under Section 263 of the
Income-tax Act, but during the pendency of the writ petition a final
revisional order is passed and the taxpayer avails the statutory appellate
remedy, the writ petition may be disposed of as infructuous without examination
of the merits of the controversy.
Sections Involved:
Section 263 of the Income-tax Act, 1961
Link to download the order -
https://delhihighcourt.nic.in/app/case_number_pdf/2002:DHC:5454/MMS08082002CW2301978_143759.pdf
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