Euro Pacific Securities Limited vs Deputy Commissioner Of ...
2022 Latest Caselaw 4754 Bom

                                                                 922-WPL-3769-2022.odt


                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       ORDINARY ORIGINAL CIVIL JURISDICTION
                         WRIT PETITION (L) NO. 3769 OF 2022
Euro Pacific Securities Limited                              ...    Petitioner
          Versus
Deputy Commissioner of Income-Tax International-Tax
Circle 2(2)(1), Mumbai and another                  ...             Respondents
                                         .........
Ms. Fereshte Sethna alongwith Mr. Mrunal Parekh and Mr. Hasmukh Ravaria
instructed by DMD Advocates for the Petitioner.
Mr. Suresh Kumar for the Respondents.
                                   .........
                                                   CORAM :   K.R. SHRIRAM AND
                                                             N.R. BORKAR, JJ.

DATED : MAY 4, 2022

P.C. :-

1. The Affidavit filed by Ms. Madhura Madhav Naik affirmed on 20 th

April, 2022, makes it clear that the impugned notice under Section 148 of the

Income Tax Act, 1961 (the said Act) was issued after 31 st March, 2021 to the

assessee.

2. The notice issued under Section 148 of the Income Tax Act, 1961

(the Act), therefore, is after 31 st March, 2021 but the procedure followed is the

old procedure which came to be replaced by the Finance Act, 2021 with effect

from 1st April, 2021.

Kanchan P Dhuri 1 / 2 922-WPL-3769-2022.odt

3. We have already held in Tata Communications Transformation

Services Limited vs. Assistant Commissioner of Income Tax 14(1) & Ors .1 that

such notices are bad in law.

4. Mr. Suresh Kumar states that in the Special Leave Petition that

department had filed impugning the Order and Judgment of Allahabad High

Court, Apex Court has reserved orders and requests the matter be listed

tomorrow, i.e., 5th May, 2022.

5. Stand over to 5th May, 2022.

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

           Digitally signed
           by KANCHAN
KANCHAN    PRASHANT
           DHURI
PRASHANT   Date:
DHURI      2022.05.04
           14:15:52
           +0530




                              1       Writ Petition No.1334 of 2021 dated 29th March, 2022.

                              Kanchan P Dhuri                                                                  2   / 2