Reliance Nippon Life Insurance Company Limited (2021 22) v. Assistant Commissioner of Income tax Central Circle 6(2), Mumbai
Case brief
What is this about?
Bombay HC writ petition (WP 4958 of 2024) by Reliance Nippon Life Insurance Company Limited against Assistant Commissioner of Income Tax, Central Circle 6 (2): Section 148 Income Tax Act, 1961 notice issued by Jurisdictional Assessing Officer instead of Faceless Assessing Officer challenged as fatal defect; Hexaware Technologies Ltd (2024) 162 taxmann.com 225 (Bombay) followed as binding; impugned notice and consequential proceedings set aside; rule made absolute, petition disposed of, no costs; liberty to Revenue to revive by Praecipe (no separate IA) if Supreme Court sets aside Hexaware, no revival if SLP dismissed; other grounds open on revival.
What did the court decide?
Rule made absolute; impugned Section 148 notice and all proceedings/orders emanating therefrom set aside; writ petition disposed of with no order as to costs; liberty to the Revenue to seek revival by Praecipe if the Hexaware decision is set aside by the Hon'ble Supreme Court.