Zurich Kotak General Insurance Company India Limited 2018 19 v. Assistant Commissioner of Income tax, Central Circle 5(3), Mumbai
Case brief
What is this about?
Keywords: Section 148 Income Tax Act 1961 notice quashed; faceless assessment scheme; jurisdictional assessing officer versus faceless assessing officer; fatal defect in issuance of reopening notice; Hexaware Technologies Ltd (2024) 162 taxmann.com 225 (Bombay) followed; writ petition disposed, rule made absolute; revival of petition by Praecipe upon Supreme Court reversal; no stay on Hexaware; pending Supreme Court challenge noted; Zurich Kotak General Insurance Company Limited v. ACIT Central Circle-5(3); Bombay High Court Ordinary Original Civil Jurisdiction; interim stay of Section 148 notice granted 24 March 2025; no order as to costs.
What did the court decide?
Rule made absolute and the Writ Petition disposed of in terms thereof: the impugned Notice under Section 148 of the Income Tax Act, 1961 and all proceedings/orders emanating therefrom set aside; liberty granted to the Revenue to revive the Writ Petition by moving a Praecipe (without a separate Interim Application) if the decision in Hexaware Technologies Ltd (supra) is set aside by the Hon'ble Supreme Court, any revived petition to be decided on its own merits; no order as to costs.