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Patna High Court

Gaffar HussainversusThe Union of India

Decided
Disposal
DISPOSED

Holding

The Court granted the petitioner liberty to approach the Income Tax Appellate Tribunal under Section 253 and disposed of the writ petition.

Summary

The petitioner, Gaffar Hussain, filed a writ petition challenging several penalty orders and an assessment order issued by the Income Tax Department under various sections of the Income Tax Act, 1961. He sought to set aside penalties imposed under Sections 271A, 270A, 271B, and notices under Sections 148A(b), 148A(d), and 272(A)(1)(d), as well as the assessment for AY 2018-19. The petitioner also requested liberty to appeal the appellate orders before the Income Tax Appellate Tribunal under Section 253 of the Act. The Court, after hearing counsel, granted the requested liberty to approach the Tribunal. Consequently, the writ petition was disposed of without adjudicating the merits of the penalties or assessment.

Issues considered

  • Whether the petitioner is entitled to liberty to approach the Income Tax Appellate Tribunal under Section 253 of the Income Tax Act, 1961 for the appellate orders challenged in the writ petition.

Legislation cited

Subjects

  • Income Tax
  • Penalty
  • Section 271A
  • Section 270A
  • Section 271B
  • Section 148A
  • Section 272
  • Section 253
  • Writ Petition
  • High Court
  • Tax Assessment
  • Appeal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.12237 of 2025
                 ======================================================
                 Gaffar Hussain, Male, S/o Israr Hussain, Resident at Karansarai, Ward- 03,
                 P.S.- Sasaram, District- Rohtas

                                                                                   ... ... Petitioner/s
                                                       Versus

           1.    The Union of India through the Additional Chief Secretary, Income Tax
                 Department, Ministry of Finance, Government of India
           2.    The Commissioner of Income Tax (Appeals), Income Tax Department,
                 Ministry of Finance, Government of India
           3.    The Income Tax Officer, Ward 3(4), Sasaram
           4.    The Assessment Officer, Assessment Unit, Income Tax Department, ITO
                 Ward 3(4), Sasaram.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :         Mr. Ashish, Advocate
                 For the Respondent/s   :         Ms. Archana Sinha, Sr. Advocate
                                                  Ms. Shilpi Keshari, Jr. SC, Advocate
                 ======================================================
                   CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                               and
                            HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

                     (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

2   22-04-2026                 The present writ petition has been filed seeking the

                   following reliefs:-

                                                        “i. For setting aside the order dated
                                            16/05/2025 passed by Respondent no. 2
                                            whereby and whereunder the penalty of Rs.
                                            25,000/- imposed by Respondent no. 4 under
                                            Section 271A of Income Tax Act, 1961 was
                                            affirmed and for setting aside the notice and
                                            order dated 25/08/2023 for penalty amount of
                                            Rs. 25,000/- against the petitioner.
                                                        ii. For setting aside the letter dated
Patna High Court CWJC No.12237 of 2025(2) dt.22-04-2026
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                                  27/03/2025        whereby      and     whereunder
                                  Respondent No. 4 has held that income tax of
                                  Rs. 11,13,894 is due against the petitioner.
                                                iii. For setting aside the order dated
                                  16/01/2025 passed by Respondent No. 2
                                  whereby and whereunder the penalty of Rs.
                                  1,66,144/- imposed by Respondent no. 4 under
                                  Section 270A of Income Tax Act, 1961 was
                                  affirmed and for setting aside the notice of
                                  demand and order passed by Respondent no. 4
                                  dated 23/08/2023 for penalty amount of Rs.
                                  1,66,144/-.
                                                iv. For setting aside the order dated
                                  13/01/2025 passed by Respondent no. 2
                                  whereby and whereunder the penalty of Rs.
                                  1,50,000- imposed by Respondent no. 4 under
                                  Section 271B of Income Tax Act, 1961 was
                                  affirmed and for setting aside the notice of
                                  demand and order dated 23/08/2023 for penalty
                                  amount of Rs. 1,50,000/-
                                                v. For setting aside the notice under
                                  section 148A(b) of Income Tax Act, 1961
                                  whereby and whereunder Respondent No. 4 has
                                  assessed that the petitioner has escaped
                                  assessment amount of Rs. 1,69,78,336/- for
                                  Assessment Year 2018-19 and further for
                                  setting aside the order under section 148A(d) of
                                  Income Tax Act, 1961 whereby and whereunder
                                  Respondent No. 4 confirmed the petitioner has
                                  escaped       assessment      amount      of    Rs.
                                  1,69,78,336/-for Assessment Year 2018- 19
                                                vi. For setting aside the Assessment
                                  order dated 15/02/2023 for Assessment Year
                                  2018-19 passed against the petitioner.
                                                vii. For setting aside the demand
          Patna High Court CWJC No.12237 of 2025(2) dt.22-04-2026
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                                            notice dated 28/04/2023 for sum of Rs. 50,000/-
                                            and the order dated 28/04/2023 under section
                                            272(A)(1)(d) of the Income Tax Act, 1961.”

                                2. At the outset, the learned counsel for the petitioner

                    seeks liberty on behalf of the petitioner to challenge the

                    appellate orders passed on various dates by approaching the

                    Income Tax Appellate Tribunal under Section 253 of the Income

                    Tax Act, 1961. Liberty, so sought, is granted.

                                3. Accordingly, the present writ petition stands

                    disposed of.



                                             (Mohit Kumar Shah, J)


                                              (Arun Kumar Jha, J)
GAURAV S./-
U


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