Tata Advanced Systems Ltd. v. Dy. Commissioner of Income Tax Circle- 2(3)(1)
Case brief
What is this about?
Bombay HC writ petition allowed — Section 148 Income Tax Act 1961 notice set aside as fatally defective for issuance by Jurisdictional Assessing Officer contrary to faceless assessment mandate; Court bound by Division Bench ruling in Hexaware Technologies Ltd. ((2024) 162 taxmann.com 225 (Bombay)); no stay though challenged via SLP before Hon'ble Supreme Court; revival permitted by Praecipe if Hexaware is set aside; revived petition to be decided on merits; no costs.
What did the court decide?
Rule made absolute and writ petition disposed of in terms thereof; impugned Notice under Section 148 and all proceedings/orders emanating therefrom set aside; liberty reserved to the Revenue to revive the petition by a simple Praecipe if the Hexaware decision is set aside by the Hon'ble Supreme Court (no revival if the SLP is dismissed); no order as to costs.