Maxworth Merchants Llp vs Union Of India And Ors
2025 Latest Caselaw 895 Cal/2

Calcutta High Court

Maxworth Merchants Llp vs Union Of India And Ors on 16 January, 2025

Author: Rajarshi Bharadwaj

Bench: Rajarshi Bharadwaj

OD- 7
                              ORDER SHEET

                    IN THE HIGH COURT AT CALCUTTA
                             ORIGINAL SIDE

                  CONSTITUTIONAL WRIT JURISDICTION

                             WPO/1006/2024
                        MAXWORTH MERCHANTS LLP
                                    VS
                         UNION OF INDIA AND ORS.



BEFORE:
The Hon'ble JUSTICE RAJARSHI BHARADWAJ
Date: 16th January, 2025.

                                                                      Appearance:
                                                                Mr. Pranit Bag, Adv.
                                                                      Ms. Pooja Jew
                                                                ...for the petitioner.
                                                     Mr. Soumen Bhattacharjee, Adv.
                                                               Mr. Ankan Das, Adv.
                                                          Ms. Shradhya Ghosh, Adv.
                                                               ...for the respondent.

The Court: Learned counsel appearing for the petitioner submits that

the respondent authorities have failed to consider that the assessment year

in relation to which this re-assessment proceeding has been initiated is

assessments year 2014-2015, as such the issuance of notice under Section

148 of the Income Tax Act is barred by limitation and the respondent

authorities have no jurisdiction to initiate the re-assessment proceeding

against the petitioner. Learned Advocate also relies upon the judgment of the

Delhi High Court in case of Dinesh Jindal Vs. Assistant Commissioner of

Income Tax, Central Circle-20, Delhi & Ors., dated 27 th May, 2014.

Learned Advocate appearing for the respondent authorities submits

that a search was initiated under Section 132 of the Income Tax Act and

only thereafter, the notice under Section 148 have been issued.

Heard learned Counsel for the parties.

As it is prima facie evident that assessment year 2014-2015 fall

beyond the scope of law as prescribed in the Income Tax Act, let there be an

interim order of a stay of the notice dated 30th March, 2024 for the

assessment years 2014-2015 till the disposal of the writ petition.

Learned Counsel for the parties are also requested to exchange

affidavits. Let affidavit-in-opposition be filed within four weeks. Reply

thereto, if any, be filed within one week thereafter.

Let this matter appear in the monthly list of March, 2025 under the

heading "For Hearing".

(RAJARSHI BHARADWAJ, J.)

R.D Barua/JM