Dismissed

Embio Trading Pvt. Ltd. v. Income Tax Officer, Ward 12 (2)

Bombay HC21 Jan 2022WP/203/2020

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay dismissed a writ petition challenging a notice under Section 148 of the Income Tax Act, 1961. The Court declined to exercise jurisdiction, holding the petitioner should approach the Assessing Officer for a personal hearing before the assessment order is finalized.

What did the court decide?

Petition dismissed; directions to petitioner to approach the Assessing Officer for a personal hearing.

Embio Trading Pvt. Ltd. Vs Income Tax Officer, Ward 12 (2) — Income Tax | Bombay HC (2022)

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Digitally signed by GAURI 1 / 2 GAURI AMIT AMIT GAEKWAD GAEKWAD Date: 2022.01.21 15:43:05 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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906.WP-203-2020.doc

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WRIT PETITION NO.203 OF 2020

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Embio Trading Private Limited ….Petitioner

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 V/s.

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Income Tax Officer, Ward 12 (2)(2) ….Respondent

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----

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Mr. Alok Vajpeyi i/b. Mr. Sankalp Sharma for petitioner.
Mr. Sham V. Walve for respondent.

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 ----
 CORAM : K.R. SHRIRAM &
R.N. LADDHA, JJ.
 DATED : 21st JANUARY 2022

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P.C. :

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1Mr. Vajpeyi states that he is instructed by Mr. Sankalp Sharma to
appear for petitioner and Mr. Sharma will file his Vakalatnama within one
week from today and also serve a copy thereof upon Mr. Walve. Statement
accepted as undertaking to this Court.

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2At the outset, counsel for petitioner was unable to assist the
Court and was not even willing to go on with the matter. We have perused
the petition with the assistance of Mr. Walve.

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3Petitioner is impugning a notice dated 30th March 2019 issued
under Section 148 of the Income Tax Act, 1961 (the said Act) for
Assessment Year 2012-2013 and an order dated 2nd December 2019
disposing the objections to the initiation of reassessment proceedings.

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4Petitioner had filed its return of income declaring loss of
Rs.18,752/- whereas assessment was finalised assessing total income of

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Gauri Gaekwad

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906.WP-203-2020.doc

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2 / 2

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Rs.70,751/-. Subsequently, information has been received on 7th January
2019 from DDIT (Investigation) that assessee had received
Rs.14,64,00,000/- from one Vivacious Trading Private Limited. The account
of Vivacious Trading Private Limited showed receipt of Rs.14,64,14,670/-
which was followed by debit on account of transfer of Rs.14,64,00,000/- to
petitioner and there were no other transactions recorded in the bank
account of Vivacious Trading Private Limited. The Investigation Wing has
also reported that Vivacious Trading Private Limited is not available at the
address and Ministry of Corporate affairs has struck off the company from
its register.

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5We have considered the reasons and the proposed reopening is
in view of the information that was received after the case was selected for
scrutiny and order under Section 143 (3) of the said Act was passed.

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6In view of the above, we do not wish to exercise our jurisdiction
under Article 226 of the Constitution of India.

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7 Petition dismissed accordingly.

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8Petitioner may take all contentions before the Assessing Officer,

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who shall grant personal hearing to petitioner before passing the assessment
order.

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(R.N. LADDHA, J.)(K.R. SHRIRAM, J.)

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Gauri Gaekwad

Embio Trading Pvt. Ltd. v. Income Tax Officer, Ward 12 (2)

Case brief

What is this about?

What did the court decide?

Embio Trading Pvt. Ltd. v. Income Tax Officer, Ward 12 (2)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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