Paranjape Schemes (Construction) Limited v. Deputy Commissioner of Income Tax Circle 2(3)(1), Mumbai
Case brief
What is this about?
Bombay High Court writ petition by Paranjape Schemes (Construction) Ltd. against Dy. Commissioner of Income Tax 2(3)(1), Mumbai: Section 148 Income Tax Act 1961 reopening notice held invalidly issued by Jurisdictional Assessing Officer instead of Faceless Assessing Officer; Hexaware Technologies Ltd (2024) 162 taxmann.com 225 (Bombay) followed; notice and consequential proceedings set aside; SLP pending before Supreme Court but no stay; liberty to Revenue to revive via Praecipe if Hexaware reversed; no revival if SLP dismissed; revived petition to be decided on own merits; Rule made absolute; no costs.
What did the court decide?
Impugned Section 148 Notice and all proceedings/orders emanating therefrom set aside; Rule made absolute and writ petition disposed of in terms thereof; liberty to the Revenue to revive the petition by Praecipe (no separate Interim Application) if the Supreme Court sets aside Hexaware Technologies Ltd; no order as to costs.