Vedraj Energy (Gujarat) Limited vs Assistant Commissioner Of Income ...
2022 Latest Caselaw 4402 Bom

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                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 PURTI                   ORDINARY ORIGINAL CIVIL JURISDICTION
 PRASAD
 PARAB
Digitally signed by
                           WRIT PETITION (L) NO. 9740 OF 2022
PURTI PRASAD
PARAB
   Vadraj Energy (Gujarat) Limited
Date: 2022.04.27
18:09:41 +0530
                                                                ....Petitioner
          V/s.
   Assistant Commissioner of Income Tax
   Circle 5(3)(1), Mumbai and Ors.                       ...Respondents
                                      ----
   Mr. Rahul Sarda a/w Ms. Neelam Jadhav for Petitioner.
   Ms. Swapna V. Gokhale for Respondents-Revenue.
                                      ----

                                                  CORAM : K.R. SHRIRAM &
                                                          N. R. BORKAR, JJ.

DATED : 26th APRIL, 2022

P.C. :

1. The orders dated 19th January, 2022 passed u/s. 270A of the

Income Tax Act, 1961 (the Act) for A.Y. 2018-19 and 30th April, 2021 passed

u/s.144 r/w 144B of the Act for A.Y. 2018-19 have been passed without

granting petitioner an opportunity of personal hearing and without

considering the legal effect of petitioner having emerged out of corporate

insolvency resolution process under the provisions of the Insolvency and

Bankruptcy Code, 2016. Accordingly, the said orders are set aside and the

matters are remanded back to the Assessing Officer who shall give

petitioner an opportunity of personal hearing before passing the final order.

Notice for personal hearing shall be given to petitioner at least seven

working days in advance. A list of judgments, if any, sought to be relied on

by the Assessing Officer shall be given to petitioner along with the notice of

the personal hearing.

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2. The Demand Notices dated 19th January, 2022 and 30th April,

2021 are also accordingly set aside.

3. In respect of notices issued to petitioner under section 148 of

the Act for A.Y. 2013-14 to A.Y. 2017-2018, the Assessing Officer shall deal

with the objections dated 10 th December, 2021 of petitioner before

proceeding with the assessment proceedings. The Assessing Officer shall

give petitioner an opportunity of personal hearing before passing the order

disposing off the objections. Notice for personal hearing shall be given to

petitioner at least seven working days in advance before passing such order.

A list of judgments, if any, sought to be relied on by the Assessing Officer

shall be given to petitioner along with the notice of the personal hearing. In

the event the Assessing Officer decides to reject the objections of petitioner,

assessment proceedings shall be commenced not before four weeks after

serving the order disposing off the objections on petitioner.

4. The orders that may be passed by the Assessing Officer as above

shall be speaking orders dealing with each and every submission/

contention/objection of petitioner. The same shall be done within a period

of six weeks from the date of uploading of this Order.

5. Petitioner is at liberty to file further submissions/objections, if

any, before respondents.

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6. All contentions of both sides are kept open and it is clarified

that this court has not expressed any view on merits.

7. Petition disposed.

(N. R. BORKAR, J.)                                (K.R. SHRIRAM, J.)




Purti Parab