Rajubhai Vallabhbhai Kheni vs Assistant Commissioner Of Income ...
2023 Latest Caselaw 1491 Guj

     C/SCA/23937/2022                            ORDER DATED: 13/02/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 23937 of 2022

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                 RAJUBHAI VALLABHBHAI KHENI
                           Versus
     ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE - 1(1)(1)
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Appearance:
MR MANISH J SHAH(1320) for the Petitioner(s) No. 1
NOTICE SERVED for the Respondent(s) No. 1
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 CORAM:HONOURABLE THE CHIEF JUSTICE (DESIGNATE) MS.
       JUSTICE SONIA GOKANI
       and
       HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                            Date : 13/02/2023

                        ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE (DESIGNATE) MS. JUSTICE SONIA GOKANI)

1. In view of judgment in case of Union of India Vs. Ashish Agarwal (2022) 138 Taxmann. Com, the respondent issued a notice under Section-148 for the A.Y. 2013-14 on 21.05.2021, which have been replied to eventually and the respondent passed an order under Section-148A(d) on 27.07.2022. A notice under Section-148 as per Finance Act, 2021 came to be passed on the very day.

2. This Court on 28.11.2022 issued notice and granted interim relief directing the process of assessment to continue with the cooperation of the petitioner, however, not to pass the final order till the returnable date.

C/SCA/23937/2022 ORDER DATED: 13/02/2023

3. Rule made returnable forthwith. Learned Senior Standing Counsel Mrs. Kalpana Raval, assisted by learned Standing Counsel Mr. Karan Sanghani, waives service of notice of rule for and on behalf of respondent.

4. On hearing both the sides and also, in wake of decision of this Court in case of Keenara Industries Private Limited Vs. The Income Tax Officer, Surat; Special Civil Application No.17321 of 2022 and allied matters; decided on 07.02.2023, where this Court on the issue of limitation has allowed the plea of petitioner and quashed the notices for the A.Y. 2013-14 and A.Y. 2014-15 issued by the respondent, this petition is also allowed applying the very reasonings without elaborating the same.

5. Resultantly, the petition is allowed quashing and setting aside the notice impugned dated 27.07.2022 issued under Section-148 of the Act alongwith the order under Section- 148A(d) of the self-same date.

Rule is made absolute to the aforesaid extent.

(SONIA GOKANI,CJ(DESIG))

(SANDEEP N. BHATT,J) Bhoomi