Citation : 2024 Latest Caselaw 3470 MP
Judgement Date : 6 February, 2024
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
WP No. 2916 of 2024
(M/S SAVITT UNIVERSAL LIMITED THROUGH ITS AUTHORISED SIGNATORY SHRI AKHILESH RATHI Vs
UNION OF INDIA AND OTHERS)
Dated : 06-02-2024
Shri Sumit Nema - Senior Advocate with Shri Gagan Tiwari - Advocate
for the petitioner.
Ms. Veena Mandlik - Senior Standing Counsel for the
respondents/Income Tax Department.
Learned Senior Counsel for the petitioner submits that point involved in
this matter is no more res integra. A Division Bench of Telangana High Court in (2023) 156 taxmann.com 178 (TELANGANA) Kankanala Ravindra Reddy vs. Income-tax Officer has drawn the curtains and similar notice issued under Section 148 of I.T. Act was held to be invalid. Although, SLP is filed and notices were directed to be issued by the Apex Court on 02.01.2024 in S.L.P. (C) No.27736/2023, the Apex Court has not granted any stay against the Division Bench Judgement of Telangana High Court.
Considering the aforesaid, Ms. Veena Mandlik, learned Senior Standing
Counsel is directed to take notice. She prays for and granted four weeks' time to file short reply to the interim prayer.
Subject to hearing the other side and considering the Division Bench judgment of Telangana High Court aforesaid, till next date of hearing no final order be passed pursuant to the impugned notice Annexure P/1.
The name of Ms. Veena Mandlik, learned Senior Standing Counsel for Income Tax Department may be reflected in the cause list.
List after four weeks.
(S. A. DHARMADHIKARI) (DEVNARAYAN MISHRA)
JUDGE JUDGE
VS
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