Cosmic Ferro Alloys Limited vs Assistant/Deputy Commissioner
2023 Latest Caselaw 2031 Cal

27.03.2023.
   p.b.
 Sl. No.10.

                     WPA 4119 of 2023


              Cosmic Ferro Alloys Limited
                            Vs.
              Assistant/Deputy Commissioner,
              Circle 1(1), Kolkata & Ors.



              Mr. Avra Mazumder,
              Mr. Suman Bhowmik,
              Mr. Samrat Das.
                               ........for the petitioner.
              Ms. Smita Das De.
                               ........for the respondent.

Heard learned advocates appearing for the parties.

By this writ petition, petitioner has challenged the

impugned notice under Section 148A(b) of the Income Tax

Act and all subsequent proceedings on the basis of the

aforesaid notice, relating to assessment year 2016-2017,

on the ground that the same being without jurisdiction

after the approval of the resolution by the NCLT by its

order dated 1st June, 2022 which is an admitted position.

Mrs. Das De, learned advocate representing the

respondent income tax authority is not in a position to

deny the aforesaid factual and legal position.

Learned advocate appearing for the petitioner in

support of his contention relies, on a decision of the

Hon'ble Supreme Court in the case of Shanashyam Mishra

and Sons Private Limited Vs. Edelweiss Asset

Reconstruction Company Limited reported in 2021 SCC

Online SC 313, decision of the Bombay High Court in the

case of Murli Industries Ltd. Vs. Assistant Commissioner

of Income Tax, Nagpur, Maharashtra, Principal

Commissioner of Income Tax-1 Nagpur, Union of India

reported in 2021 (12) TMI 1182 - Bombay High Court,

decision of the Telangana High Court in the case of The

Sirpur Paper Mills Ltd. & Anr. Vs. Union of ndia & Two

Ors. reported in 2022 (1) TMI 977 - Telangana High Court

and an unreported decision of this Court in the case of

Principal Commissioner of Income Tax - 4, Kolkata Vs.

M/s. Tantia Construction Ltd. in ITA/184/2018 dated 27th

February, 2023.

Considering the submission of the parties and in

view of the aforesaid judgment of the Hon'ble Supreme

Court and other High Courts including this High Court, it

is held that the impugned notice under Section 148A(b) of

the Income Tax Act dated 1st June, 2022 and all

subsequent proceedings are without jurisdiction and are

not tenable in the eye of law and as a consequence of this

declaration, all legal consequences will automatically

follow.

With this observation and direction, this writ

petition being WPA 4119 of 2023 stands disposed of.

(Md. Nizamuddin, J.)