MUNINAGA REDDY Vs. ASSISTANT COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) The present writ petition is filed for a writ of certiorari to quash the order dated 21.6.2017 made in Misc.Petition No.24/Bang/2017 arising out of ITA No.860/Bang/2012 dated 13.01.2015 relating to the assessment year 2007-08 passed by the Income Tax Appellate Tribunal and for a writ of mandamus directing the respondent-Income Tax Appellate Tribunal to consider the Misc. Petition on merits.

(2.) It is the case of the petitioner that on 24.12009 the respondent concluded the assessment under the provisions of Section 143(3) of Income Tax Act, 1961 (for short "Act") assessing the income of the petitioner at Rs. 1,14,93,587/- by taking the entire income of the petitioner as the income from business though a part of it was declared as income from other source, thereby the income was assessed at a higher rate. On 28.4.2009, the petitioner was served demand notice under a printed form I.T.N.S.29 indicating the issue of notice under Section 274 read with Section 271 of the Act and also issued intimation of penalty proceedings under the provisions of Section 271 of the Act. Therefore, the petitioner filed an appeal before the Commissioner of Income Tax(Appeals) raising various contentions. The Income-Tax Authority(Appeals) by an order dated 3.2012 dismissed the appeal confirming levy of penalty without appreciating the explanation offered by the petitioner.

(3.) Therefore, the petitioner was forced to file an appeal in ITA.No.860/12 before the Income Tax Appellate Tribunal, Bengaluru Bench "B". The Tribunal considering the entire material on record by an order dated 11.2015 allowed the appeal in part for the year 2007-08 for statistical purposes and dismissed the appeal for the year 2006-07. Therefore, the petitioner was constrained to file Misc.Petition under Section 254(2) of the Act on 30.12.2016. The Income Tax Appellate Tribunal by the impugned order dated 21.6.2017 dismissed the Misc. Petition as barred by limitation. Hence, the present petition is filed.