Disposed

Future Generali India Insurance Company Limited v. Assistant Commissioner of Income tax, Central Circle 6 2, Mumbai

Bombay HC24 Oct 2024WP/4458/2024

Case brief

AI extract

What is this about?

Writ petition challenging a notice dated 31 March 2024 under Section 148 of the Income Tax Act for Assessment Years 2020-2021 and 2021-2022, contending the Assessing Officer lacked jurisdiction per Hexaware. The Court issued rule, granted interim relief pending final hearing, and liberty to apply after the Supreme Court's final decision in Hexaware.

What did the court decide?

Rule issued; interim orders in terms of prayer clause (i) pending final disposal; liberty to apply after Supreme Court orders/decision in Hexaware.

Future Generali India Insurance Company Limited vs Assistant… — Income Tax | Bombay HC (2024)

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908-WP-4458-4544-2024.DOC

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S.R.JOSHI

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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WRIT PETITION NO.4458 OF 2024 WITH WRIT PETITION NO.4544 OF 2024

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Future Generali India Insurance Co. Ltd., … Petitioner

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Versus

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Asst. Commissioner of Income Tax Central Circle-6(2) & Others

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…Respondents

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Ms. Apurva Chaudhary i/b. Sriram Sridharan, for the Petitioner in both the Petitions.

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Ms. Swapna Gokhale, for the Respondents in both the matters.

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_______________________ CORAM: G. S. KULKARNI & FIRDOSH P. POONIWALLA, JJ. DATED: 24^th OCTOBER, 2024

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P.C.

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Heard the learned Counsel for the parties.

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2 This Petition impugns a notice dated 31^st March, 2024 for Assessment Years 2020-2021 and 2021-2022 respectively, issued under Section 148 of the Income Tax Act, by Respondent No.1, who is the Jurisdictional Assessing Officer.

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3 Ms. Chaudhary, the learned Counsel for the Petitioner submitted that the Jurisdictional Assessing Officer would not have jurisdiction to issue the impugned notice, considering the principle of law as laid down by this Court in Hexaware Technologies Limited v/s. Assistant Commissioner of Income Tax & Others¹ .

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1 (2024) 464 ITR 430

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This order is modified as per order dated 2^nd December,2024.

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Page 1 of 2 24^th October, 2024

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908-WP-4458-4544-2024.DOC

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4 Ms. Gokhale, the learned Counsel for the Respondents would not dispute such contention as urged on behalf of the Petitioner. She, however, submitted that the view taken by this Court in M/s. J. D. Printer Pvt. Ltd., v/s. Income Tax Officer – 15(1)(2) & Ors.² be followed in the present proceedings.

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5 We have heard the learned Counsel for the parties and having perused the record, we are of the opinion that, for the reasons as recorded by us in M/s. J. D. Printer (supra) in regard to our observations on the proceedings involving the decision in Hexaware Technologies Ltd. (supra), we need to pass the following order:-

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O R D E R

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(a) Rule. Respondents waive service.

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(b) Pending the hearing and final disposal of this Petition, there shall be interim orders in terms of prayer clause (i).

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(c) Liberty to the parties to apply after appropriate orders are passed by the Supreme Court and/or final decision of the Supreme Court in Hexaware.

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(FIRDOSH P. POONIWALLA, J.)

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2 Writ Petition No.12187 of 2024

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Page 2 of 2 24^th October, 2024

Future Generali India Insurance Company Limited v. Assistant Commissioner of Income tax, Central Circle 6 2, Mumbai

Case brief

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Future Generali India Insurance Company Limited v. Assistant Commissioner of Income tax, Central Circle 6 2, Mumbai

Case brief

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