Indian Clearing Corporation Limited vs Deputy Commissioner Of Income Tax, ...
2024 Latest Caselaw 1973 Bom

Bombay High Court

Indian Clearing Corporation Limited vs Deputy Commissioner Of Income Tax, ... on 23 January, 2024

Author: Neela Gokhale

Bench: K. R. Shriram, Neela Gokhale

2024:BHC-OS:1470-DB
                                                 1/2               1008.WP-2004-2022.doc



                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                ORDINARY ORIGINAL CIVIL JURISDICTION
                                   WRIT PETITION NO.2004 OF 2022
            Indian Clearing Corporation Limited          ....Petitioner
                     V/s.
            Deputy Commissioner of Income Tax,
            Circle 1(2)(1) and Ors.                     ....Respondents
                                                ----
            Mr. Niraj Sheth i/b. Mr. Mandar Vaidya for petitioner.
            Mr. Suresh Kumar for respondents.
                                                ----
                                                 CORAM : K. R. SHRIRAM &
                                                             DR. NEELA GOKHALE, JJ.

DATED : 23rd JANUARY 2024

P.C. :

1 Having heard the counsel and considered the pleadings, we are

satisfied that the Assessing Officer, while disposing the objections filed by

petitioner to the reopening, in the impugned order dated 19 th March 2022

has not dealt with all submissions made by petitioner. Moreover, petitioner

should be given an opportunity in a personal hearing to explain to the

Assessing Officer why on merits also there can not be any escapement of

income as alleged.

2 In the circumstances, keeping open all rights and contentions

of the parties, the impugned order dated 19 th March 2022 is quashed and

set aside.

3 The matter is remanded to the Assessing Officer to pass order

in accordance with law after considering the objections filed by petitioner

and also after granting a personal hearing to petitioner, notice whereof shall

Gauri Gaekwad 2/2 1008.WP-2004-2022.doc

be communicated atleast five working days in advance. Should petitioner

wish to file any written submissions to record what transpired during the

personal hearing, the same to be filed within three working days of the

completion of the personal hearing. Should petitioner wish to file any

further objections to the notice, it may do so within 7 working days of the

opening of portal and sending a communication to that effect to the

registered email ID.

4 If the Assessing Officer is going to rely on any judgments or

orders of any Court or Tribunal, a list thereof shall also be provided

alongwith the notice for personal hearing, so that petitioner will be able to

deal with the same/distinguish the same during the personal hearing. The

Assessing Officer to pass order by 30th April 2024. The order to be passed

shall be a reasoned order dealing with all submissions of petitioner.

5 Petition disposed.

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

merits of the matter.

(DR. NEELA GOKHALE, J.) (K. R. SHRIRAM, J.)

Signed by: Gauri A. Gaekwad Gauri Gaekwad Designation: PS To Honourable Judge Date: 25/01/2024 12:01:25