Citation : 2022 Latest Caselaw 2827 Raj/2
Judgement Date : 4 April, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Writ Petition No. 5404/2022
J.K.V. Stonex, SP-4, Parayavaran Marg, RIICO Industrial Area,
Kishangarh-305801, Rajasthan, Through Its Authorized
Represive Vinod Kumar Agarwal S/o Gulab Chand Agarwal, Aged
About 60 Years, Resident Of Ward No. 12, C-10, Aditya Mill
Colony, Kishangarh, Ajmer 305801, Rajasthan.
----Petitioner
Versus
1. Union Of India, Through The Revenue Secretary, Ministry
Of Finance, Government Of India, North Block, New Delhi-
110 001
2. Office Of The Income Tax Officer, Ward-1, Kishangarh
District Ajmer.
----Respondents
For Petitioner(s) : Mr. Rajat Sharma for Mr. Prakul Khurana For Respondent(s) : Mr. Parinitoo Jain through VC
HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE SAMEER JAIN
Judgment / Order
04/04/2022
At the outset, learned counsel for the petitioner upon
instructions submit that till date, no final order of assessment has
been passed by the Assessing Authority.
Learned counsel for the petitioner would submit that
the issue involved in this petition is no longer res integra as it has
been put to an end by Division Bench of this Court in the decision
rendered on 27.01.2022 in Sudesh Taneja Vs. Income Tax Officer,
Ward-1(3) & Anr. (D.B. Civil Writ Petition No. 969/2022 and batch
of petitions) where the notices issued under Section 148 of the
(2 of 2) [CW-5404/2022]
Income Tax Act, 1961 have been found to be invalid and
impermissible in law and quashed.
In view of the above statement made by learned
counsel for the petitioner, the impugned notice issued in the
present case, for the reasons stated in the order dated
27.01.2022 passed in the aforesaid cases, is also quashed and set
aside and the petition is allowed.
(SAMEER JAIN),J (MANINDRA MOHAN SHRIVASTAVA),ACTING CJ
CHANDAN /64
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