Vijay H Doshi vs Union Of India And 3 Ors
2022 Latest Caselaw 11969 Bom

                                                                                        2-wp-4301-2022.doc



                              Pallavi
                                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
PALLAVI
MAHENDRA
           Digitally signed
           by PALLAVI
           MAHENDRA
           WARGAONKAR
                                             ORDINARY ORIGINAL CIVIL JURISDICTION
WARGAONKAR Date:
           2022.11.25
           12:10:54
           +0530


                                                     WRIT PETITION NO.4301 OF 2022

                                  Vijay H. Doshi                                   ... Petitioner
                                        Versus
                                  Union of India and Ors.                          ... Respondents

                                  Mr. Parth Bhatt with Mr. Ashraff Kapoor i/b One Legal, for the
                                  Petitioner.
                                  Ms. Sushma Nagaraj, for the Respondent.

                                                      CORAM: DHIRAJ SINGH THAKUR &
                                                             MADHAV J. JAMDAR, JJ.

DATE : NOVEMBER 22, 2022

P.C.:

1. Learned counsel for the Petitioner challenges the order

under Section 148A(d) of the Income Tax Act, 1961 ("the Act")

dated 31st July 2022 as also the notice under Section 148 of the

Act dated 31st July 2022, inter-alia, on two grounds, frstly, that

the notice under Section 148 of the Act has been issued beyond

the period of six years and is, therefore, unsustainable as

prescribed under the frst proviso to Section 149(1)(b) of the

Act and secondly, the notice under Section 148 of the Act was

issued on the ground, which was different than the one

reflected in the notice under Section 148A(b). It is stated that

according to the Assessing Offcer, the re-assessment

proceeding was sought to be initiated based upon information

2-wp-4301-2022.doc

that the Petitioner was the benefciary of bogus LTCG entry of

Rs.66,02,000/-. It is stated that upon a reply being fled by the

assessee, the Assessing Offcer changed track and this time, in

its order u/s. 148 A(d) proceeded on the basis that the

Petitioner had undertaken a sale transaction of Rs.66,02,000/-

in the penny scrip of M/s. Safal Herbs Ltd., as a result of which,

the Petitioner became a benefciary. Thus, it is stated as

unsustainable in view of the ratio of the judgment in the case of

Hindustan Lever Vs. R.B. Wadkar reported in 268 ITR 332.

Prima facie case is made out.

2. Issue notice. Service waived by Ms. Sushma Nagaraj,

learned Counsel for the Respondents. Objections be fled within

six weeks from today.

3. In the meantime, there shall be ad-interim relief in terms

of prayer clause (e) of the petition.

4. List on 16th February, 2023.

(MADHAV J. JAMDAR, J.) (DHIRAJ SINGH THAKUR)