Aakansha Advisory Services Private Limited v. Assistant Commissioner Of Income Tax, Central 2(4) And Ors

OD –8 ORDER SHEET WPO/2893/2022IN THE HIGH COURT AT CALCUTTACONSTITUTIONAL WRIT JURISDICTIONORIGINAL SIDE AAKANSHA ADVISORY SERVICES PRIVATE LIMITED VSASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL 2(4) AND ORS. BEFORE: The Hon'ble JUSTICE MD. NIZAMUDDIN Date: 23[rd]November, 2022. Appearance:Ms. Swapna Das, Adv.Mr. Siddharth Das, Adv.…For the PetitionerMr. S. Roy Chowdhury, Adv.…For the Revenue The Court: Heard learned counsel appearing for the parties. By this writ petition, petitioner has challenged the impugned orderdated 22[nd] July, 2022 under Section 148A(d) of the Income Tax Act, 1961,relating to assessment year 2016-17 on the ground that the same beingwithout jurisdiction and contrary to the provision of Section 149(1)(a) and(b) of the Income Tax Act, 1961 by contending that admittedly the impugnednotice has been issued on 30[th] June, 2021 after the expiry of three yearsfrom the end of relevant assessment year and it is also an admitted positionwhich appears from the conclusion of the assessing officer himself in theimpugned order that the alleged escapement of income is Rs. 23,92,400/-which is below Rs. 50 lakh. Considering the submission of the parties and admitted factual andlegal position which appears on perusal of the impugned order dated 22[nd]July, 2022, I am of the considered view that the aforesaid impugned order is bad and not sustainable in law and is liable to be quashed for the reasonthat the impugned notice under Section 148A(b) under the newly amendedAct was issued after expiry of three years from the end of relevantassessment year and the alleged escapement of income is below Rs. 50 lakh. In view of the discussion made above, this writ petition being WPO2893 of 2022 is disposed of by quashing the aforesaid impugned order dated22[nd] July, 2022 under Section 148A(d) of the Act and impugned notice dated25[th] July, 2022 under Section 148 of the Act. TR/ (MD. NIZAMUDDIN, J.)