East Coast Consultants (India) Ltd. v. DCIT (2022) 289 Taxman 36 / 217 DTR 19/(2023) 450 ITR 114 (Mad.)(HC) Editorial: Order of single judge is affirmed, East Coast Consultants (India) Ltd. v. DCIT, W.P.No. 10699 of 2022 dt. 25-5-2022/( 2022) 328 CTR 247 / ( 2023) 450 ITR 112 (Mad)( HC)

S. 147 : Reassessment-After the expiry of four years-Capital gains-Excess cost of acquisition of property-Question of fact-Alternative remedy-Directed to file an appeal.Directions for maintenance of status qua subject to payment of 10 percent of demand . [S. 143(3), 147, Art. 226]

Reassessment was initiated in  on ground that during relevant year 2014-15, the assessee had sold a property for Rs. 90 lakhs and declared cost of its acquisition in year 2008-09 at 95 lakhs but relevant records showed that cost of acquisition of said property was 12.35 lakhs and, thus, income had escaped assessment. The assessment was completed by taking cost of acquisition of property at Rs. 12.35 lakhs. The assessee challenging the said order, by filing writ petition. Single dismissed the petition by observing that assessment order was passed based on records that were available and furnished to Income-tax department by assessee and he had directed assessee to work out remedy before appellate authority by filing statutory appeal. On appeal dismissing the petition the Court held that since subject matter in issue involved factual matrix which could not be decided by writ Court, assessee was to be directed to file statutory appeal before appellate authority.  Directions was issued for maintenance of status qua subject to payment of 10 percent of demand (AY. 2014-15)