Allowed

Shyam Kumar Nallella v. Assessment Unit

Telangana HC21 Sept 2024WP/25739/2024

Case brief

AI extract

What is this about?

Challenge to income tax reassessment proceedings for AY 2018-19 initiated without complying with the substituted provisions introduced by the Finance Act, 2021. Following the Division Bench's earlier common order in connected writ petitions, the impugned show cause notice and consequential orders were quashed with liberty to both sides.

What did the court decide?

Impugned show cause notice and consequential orders set aside; liberty reserved to parties per paragraph 38 of the 14.09.2023 order; no costs; pending IAs closed.

Shyam Kumar Nallella Vs Assessment Unit — Income Tax | Telangana HC (2024)

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134111

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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SATURDAY, THE TWENTY FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE SUJOY PAUL AND

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THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO

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WRIT PETITION NO: 25739 OF 2024

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Between:

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Shyam Kumar Nallella, S/o.Venkateshwarlu Nallella, Occ. Business, Aged aboul 42 years, R/o. 2-2-116713140, Mudari Mohan Rani Nilayam, 2nd Floor, lndira Nagar, Tilak Nagar, Hyderabad - 500 044, Telangana State.

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...PETITIONER

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AND

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1 Assessment Unit, National Faceless Assessment Centre, lncome Tax Department, l/inistry of Finance, Room No.401, 2nd floor, E-Ramp, Jawaharlal Nehru Stadium, Delhi - 110 003.

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The lncome Tax Officer, Ward - 6(1), I T Tower, AC Guards, Masab Tank, Hyderabad - 500 004, Telangana State.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ or order or direction, more preferably in the nature of Writ of l\rlandamus, holding the order passed by the 2nd respondent herein under Sec. 14BA(d) of the Income Tax Act, dated. 07.04.2022 with DIN Notice No. ITBA/AST/F/148412022-2311042629018(1) for the F.Y 2017-18 relevant to the Assessment Year 2018-19 as illegal, arbitrary, bad in Law and violation of Principles of Natural Justice apart from being violative of Provisions of Sec. 148A and 149 of the Act also contrary to the Circular issued by CBDT and provisions of Sec.151A of the Act consequently set aside the same.

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IA NO t'l oF²⁰²⁴

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Petition under^{Section15'1CPCprayrngthatin the circumstancesstated in} theaffidavitfiledinSuppcrtofthepetition,theHighCourtmaybepleasedto Suspend the^{Operationof the Order dated0T O4 2022 wilh DIN Notice} No.ITBA/AST/Fl14}Al2}2',a-23t104262g018(1)^{for the F Y 2017-18 relevant to the} AssessmentYear20lB-1s|passedbythe2ndrespondent,pendingoisposalofthe above writ Petition.

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Counsel for^{the Petitioner:M/S AYYAGARI JAYASHREE}

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Counsel^{for the Respondents:MS'BOKARO SAPNAREDDY} (Jr. SC FOR TNCOME^TAX)

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The Court^{made the following: ORDER}

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THE HONOURABLE SRI JUSTICE SUJOY PAUL AND

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THE HONOT'RABLE SRI .'USTICE NAMAVARAPU RA.'ESHWAR RAO

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T PETITIOI{ No.25739 OF 2o24

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ORDER: (per Hon'ble Justice Sujog Paul)

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Heard Smt. Ayyagari Jayashree, lea-rned courlsel for the petitioner(s) and Ms.B.Sapna Reddy, learned Junior Standing Counsel for Income Tax Department for the respondents.

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The ground taken by the learned counsel for the petitioner(s) is that in furtherance of Finance Act, 2O2L, reassessment process stood modifred but the respondents^have not taken care of it and therefore, notice issued under Section 148 of the Income Tax Act, 1961 cannot sustain judicial scrutiny. Since notice is bad in law, the consequential orders are also bad in law.

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During the course of hearing, learned counsel for^the parties agreed that curtains on this issue are Iinally drawn^by this Court in a batch of writ petitions,^{W.P.No.259O3 of 2022} and other connected matters, decided by common^order dated 14.O9.2023. The parties agreed that this matter^{may be} disposed of in terms of the Common Order dated^I4.O9.2023.

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This Court in the said order dated 14.Q9.2O23 1n W.P.No.259Q3 of 2t)22, held as under:

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"35.^{In view of the aforesaiddiscuEslons,itis by now very} clear that the procedure to be follosed by the^resPoadeEt- Department upon treatlEg the notlceE iasued^{forreasseEsEent} being under Section 148A, the subsequent^{proceedingswas} mandatorily required to be uEdertakcn uader the substituted provisions as laid down uBder the Finance Act,2021. Io the absence of which, we are consttahed - to hold that^the procedure adopted by the respondent-DepartEeEt is in coEtravetrtlon to the statute i.e. the Finance Act, 2021, at the first iqstance. Secondly, it i6 ako in direct coEtravention to the directlves issued by the Hon'ble Supteme Court in the case of Ashish Agarsal, supra.

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For all the aforesaid reasoas, the iEpugaed notlces i86ued and the proceedings drawa by the respondent-DepartEent ls nelther tenable, nor sustailable. The notices so^lssuedaad the proceduro adopted beitrg per se illegal, deserves to^{be and} are accordingly set aside/quashed. As a consequence, all^the iurpugned orders getting quashed, the conaequetrtlal otders passed by the respoldeEt Depertment pursuant to the Eotices issued u[der Section 147 aad 148 would also^{get quashed} and it is ordered accordingly. The reason we are quashlng the consequential order is oa the principles that wheE the initiation of the proceedi[gs itGelf was procedurally wrong, the subsequent orders also gets nulllfied automatically.

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The prelimiaary obJection raised by the^petltloneris sustained and all these srit pctitions staads allowed oE this vcry^{jurisdlctional} issue. Slnce the impugned lotices and orders are getting^quashed otr the point ofjutisdiction' lre ate not inclined to^proceed further and decide the other issues raised by the petitioner which staads teEcrved to be raised and contended in^qn appropriate^proceedings.

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Since the Hon'ble Supreme Court had, in the case of Ashish Agarwal, supra, aa a one-tlme meaaure exercising the powers under Article 142 of the Con5titution of lEdia, perEitted the Revenue to proceed utrder the Eubstituted provislons, and this Court allowing the petitions only ou the procedural flaw, the right corferrcd on thc Revenue would regrain resen,ed to proceed further if they so watrt from^the

stage of the order of the Supreme Court ln the case of Ashlsh Agarrel, supra.

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No order es to costs.'

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In view of the consensus arrived, the impugned Show Cause notice and consequential orders passed in this writ petition zre set aside. Liberty is reserved to both the parties to take respective stand and to proceed in accordance with law as per paragraph No.3g of the order dated 14.09.2023 in W.P.No.25903 of 2022.

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The writ petition is allowed. No costs. Interlocutory

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applications, if any pending, shall also staad closed.

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SD/.P. PADMANABHA EDDY ASSISTANT G TRAR

//TRUE COPY//

SECTION FFICER

To,

Assessment Unit, National Faceless Assessment Centre, lncome Tax Department, Ministry of Finance, Room No.401, 2nd floor, E-Ramp, Jawaharlal Nehru Stadium, Delhi - 110 003.

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