Srivatsa Rangaswamy vs Assistant Commissioner Of Income ...
2022 Latest Caselaw 13150 Bom

                                                                    1                     916 wpl 38971-22-os

                                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             ORDINARY ORIGINAL CIVIL JURISDICTION


                                                    WRIT PETITION (L) NO.38971 OF 2022


                        Srivatsa Rangaswamy                                ... Petitioner
                                   V/s.
                        Assistant Commissioner of Income Tax,
                        Circle-17(1), Mumbai and ors.                      ... Respondents
                                                       ---
                        Ms.Aarti Sathe with Ms.Aasavari Kadam, Advocates for the Petitioner.
                        Ms.Sushma Nagaraj with Mr.Tanmay Pawar, Advocates for the Respondents.
                                                         ---

                                                       CORAM : DHIRAJ SINGH THAKUR AND
                                                               ABHAY AHUJA, JJ.

DATE : DECEMBER 16, 2022.

P.C.:-

1. Learned Counsel for the Petitioner challenges the notice dated 31st July, 2022 under Section 148 of the Income Tax Act, 1961 ("the Act") on two grounds, firstly, that the reassessment proceedings initiated for the relevant Assessment Year 2016-17 are time barred since the notice is issued after three years from the end of relevant assessment year, as prescribed under Section 149 of the Income Tax Act, 1961 ("the Act") inter alia on the ground that the order dated 31st July, 2022 under Section 148A(d) of the Act was passed without obtaining the approval from the Principal Chief Commissioner of Income Tax and secondly, that the Petitioner had not challenged the earlier notice dated 15th April, 2021 and therefore, the impugned notice has not been issued pursuant to the judgment in the case of Union of India Vs. Ashish Agarwal1. Prima facie case is made out.

                        Priya Soparkar
           Digitally
           signed by
           PRIYA
PRIYA      RAJESH
RAJESH     SOPARKAR
SOPARKAR   Date:
           2022.12.17
           11:16:17
           +0530
                                               2                 916 wpl 38971-22-os

2. Issue notice. Service waived by Ms.Sushma Nagaraj, learned Counsel for the Respondents. Objections be filed within six weeks.

3. In the meantime, there will be ad-interim relief in terms of the prayer clause 'd' of the Petition.

4. List on 06th January, 2023.

(ABHAY AHUJA, J.) (DHIRAJ SINGH THAKUR, J.) ....

Priya Soparkar