Piramal Capital and Housing Finance Limited 2018 19 v. Assistant Commissioner of Income tax, Central Circle 5(4), Mumbai
Case brief
What is this about?
S.148 notice Income Tax Act 1961 quashed; jurisdictional assessing officer vs faceless assessing officer fatal defect; Hexaware Technologies Ltd (2024) 162 taxmann.com 225 (Bombay) followed as binding Division Bench precedent; no stay on Hexaware though challenged before Supreme Court; writ petition allowed, rule made absolute, disposed of, no costs; liberty to Revenue to revive by Praecipe without separate interim application; on revival petition to be decided on own merits on other issues.
What did the court decide?
Rule made absolute; writ petition disposed of in terms thereof; impugned Section 148 notice and all proceedings/orders emanating therefrom set aside; liberty to Revenue to revive the petition by a Praecipe if Hexaware Technologies Ltd is set aside by the Supreme Court; no order as to costs. ¶28