Bombay High Court
Kf Bioplant Pvt Ltd A Y 2019 2020 vs Assistant Commissioner Of Income Tax ... on 28 July, 2025
Author: B. P. Colabawalla
Bench: B. P. Colabawalla
2025:BHC-AS:31891-DB
63-wp-10262-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.10262 OF 2025
K F Bioplant Pvt. Ltd., .. Petitioner.
Versus
Assistant Commissioner of Income
Tax Central Circle 1 (1), Pune & Ors. .. Respondents.
Adv. Nishant Thakkar with Adv. Hiten Thakkar, Adv. Jasmin
SMITA
Digitally signed
by SMITA
RAJNIKANT
Amalsadvala, Adv. Bhavesh Bhatia i/b. Lumiere Law Partners, for the
RAJNIKANT
JOSHI
JOSHI
Date:
Petitioner.
2025.07.30
10:49:19 +0530
Adv. Ashok Kotangle with Adv. Vishnu Chaudhari, Adv. Nikitesh
Kotangale, Adv. Neha Pende and adv. Smitha Thakur, for the
Respondents.
CORAM: B. P. COLABAWALLA &
FIRDOSH P. POONIWALLA, JJ.
DATE: JULY 28, 2025
P. C.
1. Rule. Respondents waive service. With the consent of the parties,
Rule made returnable forthwith and heard finally.
2 The above Writ Petition interalia challenges the Notice issued
under Section 148 of the Income Tax Act, 1961 on various grounds. One of
the grounds is that the Notice has been issued by the Jurisdictional Assessing
Officer when the law mandates that it has to be issued by the Faceless
Assessing Officer. This is a fatal defect and therefore the Notice has to be
quashed, is the argument of the Petitioner.
JULY 28, 2025
S.R.JOSHI
63-wp-10262-2025.doc
3. It is the Petitioners' contention that this issue is squarely covered
by a decision of a Division Bench of this Court in the case of Hexaware
Technologies Ltd. V/S Assistant Commissioner of Income-tax, Circle 15(1)(2)
[(2024) 162 taxmann.com 225 (Bombay)].
4. On the other hand, the learned advocate appearing on behalf of
the Revenue stated that though it is true that this issue is concluded by the
decision in Hexaware Technologies Ltd (supra ), the said decision has been
challenged before the Hon'ble Supreme Court, and the Hon'ble Supreme
Court is likely to take up the matter immediately on re-opening. He has fairly
stated that there is no stay to the judgment in Hexaware Technologies Ltd
(supra).
5. Considering these facts, we do not propose to keep the matter
pending in this Court. Once it is fully covered by the decision in Hexaware
Technologies Ltd (supra) we are bound to follow it.
6. We accordingly set aside the impugned Notice issued under
Section 148 and all other proceedings/orders emanating therefrom.
7. We however grant liberty to the Revenue to revive the above
Writ Petition in the event the decision in Hexaware Technologies Ltd (supra)
is set aside by the Hon'ble Supreme Court on this issue. We make it clear
JULY 28, 2025
S.R.JOSHI
63-wp-10262-2025.doc
that it will not be necessary for the Revenue to file a separate Interim
Application to seek a revival of this Petition and the same can be done simply
by moving a Praecipe before this Court. It is needless to clarify that if the
Hon'ble Supreme Court dismisses the SLP challenging the decision in
Hexaware Technologies Ltd (Supra), there would be no question of any
revival.
8. We also make it clear that once the Petition is revived and
restored, the same would have to be decided on its own merits considering
that several other issues are also raised challenging the Notice issued under
Section 148.
9. Rule is accordingly made absolute and the Writ Petition is also
disposed of in terms thereof. However, there shall be no order as to costs.
10. This order will be digitally signed by the Private Secretary/
Personal Assistant of this Court. All concerned will act on production by fax
or email of a digitally signed copy of this order.
[FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.]
JULY 28, 2025
S.R.JOSHI
