Madras HC refuses to stay income tax reassessment notice to OPS

“Though an arguable case is made, and the matter requires consideration, no interim order is immediately called for.”
Madras High Court
Madras High Court
Updated on
2 min read

CHENNAI: The Madras High Court on Thursday refused to grant interim stay on the demand notice for income tax served to former Chief Minister and AIADMK coordinator O Panneerselvam for paying the tax based on reassessment of his income for two assessment years.

Panneerselvam filed a petition seeking stay on the demand notice sent by the Income Tax Department’s Central Circle requiring him to pay a combined tax of Rs 82.32 crore for 2015-16 and 2017-18 assessment years following reassessment of his income based on the money transaction evidences found during raids held in 2016 in the premises of sand baron Sekhar Reddy.

Panneerselvam challenged the reassessment saying that as per the amendment made to the Income Tax Act prior notice should be served to the party before carrying out the reassessment but the procedure was not followed.

However, the counsel for the Income Tax Department countered saying the amendment was brought into force on April, 2021 and it would not be applicable to the assessment made before it came into being. Recording these, the first bench of Acting Chief Justice Munishwar Nath Bhandari and Justice PD Audikesavalu turned down Panneerselvam’s plea. “Though an arguable case is made, and the matter requires consideration, no interim order is immediately called for.”

However, the bench said it is made clear that any steps taken, including assessment orders passed upon conclusion of the search and seizure process, would abide by the outcome of the petitions. The matter was posted to December, 8, 2021.

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