Ramakrishnan Chettiar Ravisheker Vs ACIT (Madras High Court)
Madras High Court held that writ against assessment orders issued under section 153C of the Income Tax Act is dismissed existence of alternative remedy. Accordingly, writ petition dismissed and petitioner directed to approach the appellate authority.
Facts- The petitioner, who is the Karta of the firm “Sree Sai SMR Jeweller,” is regularly assessed to tax under the Goods and Services Tax Act and the Income Tax Act. A search u/s. 132 of the Income Tax Act was conducted on 10.11.2020 at M/s.Mohanlal Jewellers, Chennai and certain incriminating materials allegedly related to the petitioner were seized. Based on the same, a notice u/s. 153C of the Income Tax Act was issued for the Assessment Year 2020-21.
However, the petitioner denies the ownership or possession of the “J PACK” software and the ledger named “SMR MD” seized from M/s.Mohanlal Jewellers, which allegedly links the petitioner to unaccounted transactions. The petitioner states that these documents are under the custody of Mohanlal Jewellers and the entries in the ledger do not belong to the petitioner. The petitioner submits that despite multiple requests, the petitioner was not granted an opportunity to cross-examine the authors of the seized documents, namely, Shri Suresh Khatri and Shri Rajendra Kothari.
