Citation : 2022 Latest Caselaw 2868 Raj/2
Judgement Date : 5 April, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Writ Petition No. 5398/2022
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-
110001.
2. Office of The Income Tax Officer, Ward -1, Kishangarh,
District Ajmer.
----Respondents
For Petitioner(s) : Mr. Rajat Sharma, Advocate for Mr. Prakul Khurana, Advocate For Respondent(s) : Mrs. Parinitoo Jain, Advocate
HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE SAMEER JAIN
Judgment / Order
05/04/2022
Heard.
At the outset, learned counsel for the petitioner upon
instructions would submit that till date no 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
(2 of 2) [CW-5398/2022]
of petitions) where the notices issued under Section 148 of the
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
Mohita /61
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