K MUTHUKRISHNAN Vs. INCOME TAX OFFICER CIRCLE I

JUDGEMENT

(1.) The petitioner in the above writ petitions, claiming himself as a partner of M/s. Rajendra Silks, a partnership firm registered before the Registrar of Partnership Firm, Erode, sought for the certified copies of the Profit and Loss account of the said firm, filed by the Managing Partner before the respondent Income Tax authorities, for three assessment years, viz. 1997-1998, 1998-1999 and 1999-2000 respectively, to substantiate his right in O.S.No.454 of 2002 on the file of the Sub Court, Erode, for declaration of the partnership firm. As the respondents refused to furnish the same, the petitioner has preferred the above writ petitions for issue of a writ of Mandamus directing the respondents to issue him the certified copies of the Profit and Loss Account of M/s. Rajendra Silks which forms an integral part of the balance sheet for the assessment year 1997-1998, 1998-1999 and 1999-2000 respectively.

(2.) The learned counsel appearing for the respondents contends that (1) the petitioner is not an existing partner; (b) the petitioner has not applied for certified copies of the Profit and Loss Account in prescribed form, viz. in Form No.46 and in any event, the petitioner is not entitled to a certified copy of the Profit and Loss Account much less the assessment order, in view of the bar under Section 138 of the Income Tax Act, which deals with the disclosure of information with respect to assessees unless it is made in the public interest. Therefore, the prayer sought for in the above writ petition is not maintainable.

(3.) In reply, the learned counsel for the petitioner contends that the petitioner is an existing partner of the partnership firm, M/s. Rajendra Silks and the petitioner is also ready and willing to satisfy the respondents that he continues to be a partner of the firm by obtaining necessary certificates from the Registrar of the firm.