High Court of Judicature at Madras · Judgments and reasoned final orders

WMP No.7053 of 2023 in Mahalingam Karthikeyan (Sun Yarn) v. Income Tax Officer and another

WMP No.7053 of 2023 in WP No.2335 of 2019 ·

Time-extension application allowed in an income-tax assessment remand.

1. FACTS OF THE CASE

WMP 7053/2023 sought extension of the time granted in the 10 December 2021 order in WP 2335/2019. The recovered main order identifies Mahalingam Karthikeyan, proprietor of Sun Yarn, and an AY 2016-17 assessment under section 143(3). It had quashed the 31 December 2018 assessment for inadequate opportunity and remitted the matter for a speaking order.

Source: Main order pp.1–4; extension p.1

2. DISCUSSION BY THE COURT

The extension application sought three months. At the hearing, Standing Counsel sought four weeks to pass the final order. The Court stated that it was satisfied with the reasons in the supporting affidavit, without reproducing those reasons.

Source: PDF paras 1–3, p.1

3. JUDICIAL DECISION

On 8 August 2024 the Court allowed the writ miscellaneous petition. The operative paragraph does not separately restate a duration after recording the three-month application and four-week oral request.

Source: PDF paras 1–3, p.1

4. OUTCOME

This is a procedural extension in the remanded assessment, not an adjudication of taxable income or a fresh decision on the underlying additions. The source does not establish when the eventual assessment was completed.

Source: PDF p.1

5. Expert Comments

AKHB editorial analysis, distinct from the Court’s findings.

Distinguish the two orders

The 2021 order supplies identity, assessment year and remand context. The 2024 order concerns time to implement that remand. The latter cannot be treated as independently quashing an assessment or granting substantive tax relief.

Source: PDF p.1

Do not silently choose a deadline

The written three-month request and oral four-week request are both recorded, followed by an unqualified allowance. A precise calendar deadline cannot safely be supplied from this short order alone; any enforcement question requires the application, service record and operative clarification.

Source: PDF paras1–3, p.1

The underlying remand required participation

The main order required documents within thirty days of receipt and permitted a merits order on available material if cooperation failed. The extension order does not record a waiver of those obligations or acceptance of the taxpayer’s substantive case.

Source: Main order p.4

Source and verification

Original proceeding and complete related judgment reviewed together; both originals retained.

Original PDF: 2 pages · SHA-256: 4a17d608136ab203ffb12b51a04e77b246d9fcd846ab3867e70b059e01c8c517

Full original and all five panels re-reviewed on 21 October 2026.

Current law and subsequent treatment not independently verified.

Subsequent proceedings and current judicial treatment have not been independently verified.

AI disclosure and professional disclaimer