Cyuator Media Services Pvt. Ltd v. Assistant Commissioner Of Income Tax, Circle 6(2)(1) And Ors

SANTOSHSUBHASHKULKARNI Digitally signed bySANTOSH SUBHASHKULKARNIDate: 2022.01.1018:01:40 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION 3502 OF 2019 Cyuator Media Services Pvt. Ltd. ...Petitioner Versus Assistant Commissioner of Income Tax, Circle 6(2)(1) and ors. ...Respondents Mr. Percy Pardiwalla, Senior Advocate, i/b Jay NileshBhansali, for the Petitioner. Mr. Suresh Kumar, for the Respondents. CORAM:K. R. SHRIRAM &N. J. JAMADAR, JJDATED:10[th] JANUARY, 2022(Video Conferencing) -PC: 1.Heard the learned Counsels and, in our view, the followingorder meets ends of justice: (a)The Assessing Officer before passing an assessmentorder shall give an opportunity to petitioner to explain,inter alia, why Section 56 (2) (vii-a) (vii-b) will not apply. (b)Of course, petitioner will be entitled to raise all otherpoints as well, which shall be considered by the AssessingOfficer before passing the assessment order. (c)The Assessing Officer shall give petitioner a personal hearing and also issue a notice fixing the date of personal hearing at least seven days in advance. (d)The Assessing Officer shall deal with all the submissions made by petitioner in the assessment order. 2.The petition accordingly stands disposed. 3.We also clarify that we have not made any observations onmerits of the case. merits of the case. [N. J. JAMADAR, J.][K. R. SHRIRAM, J.]