Inter Globe Capital Market Limited v. The Income Tax Officer, Ward

ORDER SHEETWPO/2154/2022IN THE HIGH COURT AT CALCUTTACONSTITUTIONAL WRIT JURISDICTIONORIGINAL SIDE INTER GLOBE CAPITAL MARKET LIMITEDVSTHE INCOME TAX OFFICER, WARD NO 4/1, KOLKATA AND ORS. BEFORE:The Hon'ble JUSTICE MD. NIZAMUDDINDate : 13[th] June, 2022. Appearance:Mr. Avra Mazumder, Adv.Mr. Sk Md Bilwal Hossain, Adv.Mr. Binayak Gupta, Adv.…For the PetitionerMr. Soumen Bhattacharjee, Adv.…For the respondents The Court : Heard learned advocates appearing for the parties. In this writ petition, petitioner has challenged the impugnedassessment order under Section 147 of the Income Tax Act, 1961dated 23[rd] March, 2022 relating to assessment year 2015-16 on thebasis of a notice under Section 148 of the Act (under the old Act) inspite of earlier order of this Court dated 11[th] March, 2022 by whichimpugned notice and the order under the old Act was quashed withliberty to the assessing officer to proceed with the reassessmentproceeding by following the provisions under the newly amendedprovision under Section 147 of the Act. It appears that the assessingofficer has passed the impugned order by disregarding the aforesaidearlier order of this Court and passed an order by treating theproceeding under Section 147 of the old Act. Mr. Bhattacharjee, learned advocate appearing for therespondents is not in a position to contradict this factual and legalposition which appears from record. Considering the facts and circumstances of the case as appearsfrom record and submissions of the parties, impugned assessmentorder dated 23[rd] March, 2022 is quashed. However, quashing of the impugned notice will not prevent therespondent concerned from initiating any fresh proceeding under newAct relating to Section 147 of the Income Tax Act 1961 in accordancewith law. With these observations and directions, this writ petition beingWPO 2154 of 2022 stands disposed of. (MD. NIZAMUDDIN, J.)