CHENNAI: The Assistant Commissioner of Income Tax, Central Circle 2 (2) here has been directed by the Madras High Court to go ahead with the assessment of income of film financier Anbu Chezhian, but not to pass the final order.
A division bench of Justices S Manikumar and V Bhavani Subbaroyan gave the directive on Tuesday, while passing interim orders on an appeal by Anbu.
Anbu challenged an order of a single judge, who dismissed his plea against Income Tax Settlement Commission order rejecting his application to settle his case.
According to appellant, the Income Tax Department had conducted a search at his offices and residential premises in Chennai and Madurai on September 30 and October 1, 2015, during which materials were seized/impounded. Cash amounting to `67 lakh was also seized from his house.
He sent an application justifying his demand. But it was rejected on August 10, 2017.
Pursuant thereto, he preferred an application on December 26, 2017, before the Settlement Commission. But it was rejected by an order dated January 5 last on the ground that the truth relating to the disclosure was lacking. Challenging this, he filed a petition and a single judge dismissed it.
Hence, the present appeal. Senior counsel Vijay Narayan, appearing for Anbu, submitted that the Settlement Commission had not applied its mind properly while rejecting the application. The application has been made under the Income Tax Act by declaring full and true particulars of the income. But the commission did not take note of all documents filed before it for purpose of arriving at a conclusion as to whether full and true particulars had been filed, he added.