21st Century Transports vs The Income Tax Officer & Union of India
ID: F2J-C-2613 Court: Madras High Court Case number: Writ Petition No.3164 of 2006 Decision date: 2017-08-10 DISMISSED
Finin2min decision brief
Madras High Court ruling in Writ Petition No.3164 of 2006. Operative-order extract: Accordingly, the prayer sought for is rejected and the Writ Petition is dismissed.
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[Cites 8, Cited by 0]
Madras High Court
Unknown vs The Income Tax Officer on 10 August, 2017
Author: T.S.Sivagnanam
Bench: T.S.Sivagnanam
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 10.08.2017
Coram
The Hon'ble Mr.Justice T.S.Sivagnanam
Writ Petition No.3164 of 2006
and
W.P.M.P.No.3312 of 2006
21st Century Transports
Rep. by its Partner,
Mr.A.Shahjahan,
No.F/201, Kailash Complex,
Park site, Vikhroli (W),
Mumbai 400 079. ...Petitioner
Vs.
1. The Income Tax Officer,
Ward V (4),
Chennai.
2. Union of India,
Ministry of Finance,
Rep. by its Secretary
Department of Revenue
Central Secretariat,
North Block,
New Delhi 110 001. ...Respondents
Writ Petition, filed under Article 226 of the Constitution of India, for issuance of Writ of declaration, declaring the provisions of Sec 83 of the Finance Act 2001, as unconstitutional and bad in Law and striking down the same as arbitrary and ultra vires Articles 19, 265 of the Constitution of India.
For Petitioner : Mr.M.P.Senthil Kumar
For Respondents : Ms.Hema Muralikrishnan
O R D E R
Heard Mr.M.P.Senthil Kumar, learned counsel appearing for the petitioner and Ms.Hema Muralikrishnan, learned counsel appearing for the respondents.
2. The petitioner seeks for declaration to declare the provisions of Section 83 of the Finance Act 2001, as unconstitutional. Section 251 of the Income Tax Act had been amended by Finance Act, 2001. The same was examined by the Hon'ble Division Bench of this Court in the case of Dr.K.Nedunchezhian Vs. Dy. CIT of Income Tax Act (2005) 279 ITR 0342 and it is held that the appellate power includes all the powers of the original authority and hence the appellant can raise all the points which he is urging before the Court in the Writ Appeals before the appellate authority. Therefore, the challenge to the provisions of Section 251 of the Income Tax Act has to necessarily fail.
3. Accordingly, the prayer sought for is rejected and the Writ Petition is dismissed. However, liberty is granted to the petitioner to challenge the order dated 21.12.2005 and the period during which, the Writ Petition was pending i.e., from 31.06.2006 till the date of receipt of the certified copy of this order, shall be excluded while computing limitation. No costs. Consequently, connected Miscellaneous Petition is closed.
10.08.2017 Index : Yes/No Internet : Yes/No nmm To
1. The Income Tax Officer, Ward V (4), Chennai.
2. The Secretary, Union of India, Ministry of Finance, Department of Revenue Central Secretariat, North Block, New Delhi 110 001.
T.S.Sivagnanam, J.
nmm Writ Petition No.3164 of 2006 10.08.2017
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Questions answered
What did the court decide?
Madras High Court ruling in Writ Petition No.3164 of 2006. Operative-order extract: Accordingly, the prayer sought for is rejected and the Writ Petition is dismissed.
Which case and court does this page cover?
Writ Petition No.3164 of 2006, decided by Madras High Court on 2017-08-10.
Is the complete judgment available?
Yes. The complete searchable public court text appears on this page and in the downloadable local reference PDF.
What should be checked before relying on this ruling?
Verify the assessment year, applicable statutory text, territorial and appellate jurisdiction, and any later appeal, review, stay or contrary binding authority.