Hitesh Steel Syndicate (I) P.Ltd vs Income Tax Officer Wd.- 15 (2)(1) ...
2022 Latest Caselaw 2300 Bom

                                                                                         915-wpl-5168-2022.doc




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

                                             WRIT PETITION (L) NO.5168 OF 2022

                      Hitesh Steel Syndicate (I) Private Limited                  ...Petitioner
                                 vs.
                      Income Tax Officer, Ward-15(2)(1),
                      Mumbai and Others                                           ...Respondents

VISHAL                Mr. P.S. Jetly, Sr. Advocate a/w. Mr. Sameer Dalal i/b. Ms. Monika
SUBHASH               Walve, for the Petitioner.
PAREKAR
                      Mr. Suresh Kumar, for the Respondents
Digitally signed by
VISHAL SUBHASH
PAREKAR
Date: 2022.03.10
11:00:03 +0530
                                               CORAM :          K.R. SHRIRAM &
                                                                N. J. JAMADAR, JJ.

                                               DATE :           MARCH 08, 2022

                      P.C.:


                      1        Heard the counsel and also considered the averments in the

petition. In our view, the following order will meet with the interest

of justice because, we are satisfied that the concerned authority,

which has disposed petitioner's objections, has not dealt with all the

points raised by petitioner :

(a) The order signed on 3rd February 2022, which is annexed to the notice dated 3rd February 2022 issued under Section 142(1) of the Income Tax Act, 1961 (the Act), is quashed and set aside and the matter is remanded to the Jurisdictional Assessing Officer (JAO), who shall consider the objections afresh and pass an order;

(b) The JAO shall provide the documents asked for by petitioner in the objections filed to the reopening within two weeks from the

Vishal Parekar 1/2 915-wpl-5168-2022.doc

date this order is uploaded;

(c) Within two weeks thereafter, petitioner shall file further submissions/objections to the notice issued under Section 148 of the Act;

(d) Petitioner's objections shall be disposed after giving a personal hearing, notice of which shall be given atleast seven working days in advance;

(e) If the JAO is going to rely on any order or judgment of any High Court or Tribunal, then a list thereof shall be provided to petitioner alongwith the notice of personal hearing so that petitioner may be able to deal with/distinguish those orders/judgments.

(f) The order disposing the objections shall be passed within six weeks from the date of this order being uploaded.

(g) The time, from the date on which this petition was lodged, i.e., 21st February 2022 until the order on objections is passed, be excluded.

2 Petition accordingly disposed.

3 We clarify that we have not made any observation on the

merits of the case.

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




Vishal Parekar                                                                     2/2