Kidderpore Holdings Limited vs The Income Tax Officer Ward 1 (2) ...
2022 Latest Caselaw 901 Bom

                                                                            920-WP3585-2019.DOC

                                                                                                Santosh

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


                                       WRIT PETITION NO. 3585 OF 2019

                      Kidderpore Holdings Limited                                  ...Petitioner
                                           Versus
                      The Income Tax Officer Ward 1(2)(2),
                      Mumbai & ors.                                           ...Respondents

Mr. Prakash Shah, a/w Mr. Jas Sanghavi, i/b PDS Legal, for the Petitioner.

SANTOSH Mr. P. C. Chhotaray, for the Respondents/Revenue. SUBHASH KULKARNI Digitally signed by SANTOSH SUBHASH KULKARNI Date: 2022.01.27 CORAM: K. R. SHRIRAM & 17:45:33 +0530 N. J. JAMADAR, JJ DATED: 25th JANUARY, 2022 (Video Conferencing)

PC:-

1. Prayer (a) of the petition reads as under:

"(a) that this Hon'ble Court may be pleased to issue a Writ of Certiorari or any other Writ order or direction under Article 226 of the Constitution of India calling for the records of the case leading to the issue of the impugned notice and passing of the impugned order and after going through the same and examining the question of legality thereof quash, cancel and set aside the impugned notice dated 29.03.2019 (Exhibit-A) and impugned order dated 20.11.2019 (Exhibit-B)."

2. In the reasons for reopening, it is recorded as under:

"The revenue has preferred an appeal for A.Y. 2011-12, 2013- 14 and 2014-15 before the Hon'ble ITAT and the same are pending. The above issues are involved in this year also and this case is getting barred by limitation for reopening u/s

147. To safeguard the interest of revenue, this case is being proposed for reopening on the following issues:

920-WP3585-2019.DOC

1. 8% profit treating contractor.

2. Proportionate income.

3. Capital gain."

3. Therefore it is quite clear that the reopening is proposed to

safeguard the interest of revenue. The ITAT has pronounced an

order on 2nd December, 2020 for the three assessment years

referred to in the reasons for reopening.

4. The Assessing Officer, who has proposed to reopen, has to

consider the order of ITAT pronounced on 2nd December, 2020.

5. In the circumstances, order dated 20th November, 2019

rejecting petitioner's objection is quashed and set aside.

6. The matter is remanded to the Assessing Officer, who shall

pass fresh order on objection, after considering the objections

already filed by petitioner along with the further submissions,

within a period of twelve weeks of this order being uploaded.

7. The Assessing Officer shall also grant a personal hearing to

petitioner and date and time of personal hearing shall be

intimated to petitioner at least seven days in advance. If the

Assessing Officer is going to rely on any orders/judgments of any

Court or Tribunal, he shall provide a copy thereof to petitioner in

advance so that petitioner can deal with or distinguish it during

the personal hearing.

920-WP3585-2019.DOC

8. Petition accordingly disposed.

[N. J. JAMADAR, J.] [K. R. SHRIRAM, J.]