Reliance Nippon Life Insurance Company Limited (2020 21) v. Assistant Commissioner of Income tax Central Circle 6(2), Mumbai
Case brief
What is this about?
Writ Petition 4957/2024, Bombay HC (OOCJ), decided 05-08-2025; Reliance Nippon Life Insurance Co. Ltd. v. ACIT Central Circle 6(2); notice under Section 148 Income Tax Act 1961 set aside/quashed; notice invalidly issued by Jurisdictional Assessing Officer instead of Faceless Assessing Officer; Hexaware Technologies Ltd (2024) 162 taxmann.com 225 (Bombay) followed as binding Division Bench precedent; SLP pending before Supreme Court, judgment not stayed; Rule made absolute; petition disposed; revival possible via Praecipe if Hexaware reversed by SC; no revival if SLP dismissed; revived petition to be decided afresh on merits; advocates Gunjan Kakkad, Shailendra S. Kanetkar (petitioner), J. S. Saluja (respondents).
What did the court decide?
Rule made absolute; impugned Notice issued under Section 148 and all proceedings/orders emanating therefrom set aside; Writ Petition disposed of in terms thereof; liberty reserved to the Revenue to revive the Petition (by Praecipe, without a separate Interim Application) only if Hexaware Technologies Ltd (supra) is set aside by the Hon'ble Supreme Court; no order as to costs.