Kidderpore Holdings Limited v. The Income Tax Officer Ward 1(2)(2), Mumbai & Ors

SANTOSHSUBHASHKULKARNI Digitally signed bySANTOSH SUBHASHKULKARNIDate: 2022.03.2517:28:16 +0530 Santosh IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 3585 OF 2019 Kidderpore Holdings Limited...PetitionerVersus The Income Tax Officer Ward 1(2)(2), Mumbai & ors....Respondents Mr. Prakash Shah, a/w Mr. Jas Sanghavi, i/b PDS Legal, forthe Petitioner. Mr. P. C. Chhotaray, for the Respondents/Revenue. CORAM:K. R. SHRIRAM &N. J. JAMADAR, JJDATED:25[th] JANUARY, 2022(Video Conferencing) -PC: 1.Prayer (a) of the petition reads as under: “(a) that this Hon'ble Court may be pleased to issue a Writof Certiorari or any other Writ order or direction underArticle 226 of the Constitution of India calling for the recordsof the case leading to the issue of the impugned notice andpassing of the impugned order and after going through thesame and examining the question of legality thereof quash,cancel and set aside the impugned notice dated 29.03.2019(Exhibit-A) and impugned order dated 20.11.2019(Exhibit-B).” 2.In the reasons for reopening, it is recorded as under: “The revenue has preferred an appeal for A.Y. 2011-12, 2013-14 and 2014-15 before the Hon’ble ITAT and the same arepending. The above issues are involved in this year also andthis case is getting barred by limitation for reopening u/s147. To safeguard the interest of revenue, this case is beingproposed for reopening on the following issues: 1. 8% profit treating contractor. 2. Proportionate income. 3. Capital gain.” 3.Therefore it is quite clear that the reopening is proposed tosafeguard the interest of revenue. The ITAT has pronounced anorder on 2[nd] December, 2020 for the three assessment yearsreferred to in the reasons for reopening. 4.The Assessing Officer, who has proposed to reopen, has toconsider the order of ITAT pronounced on 2[nd] December, 2020. 5.In the circumstances, order dated 20[th] November, 2019rejecting petitioner’s objection is quashed and set aside. 6.The matter is remanded to the Assessing Officer, who shallpass fresh order on objection, after considering the objectionsalready filed by petitioner along with the further submissions,within a period of twelve weeks of this order being uploaded. 7.The Assessing Officer shall also grant a personal hearing topetitioner and date and time of personal hearing shall beintimated to petitioner at least seven days in advance. If theAssessing Officer is going to rely on any orders/judgments of anyCourt or Tribunal, he shall provide a copy thereof to petitioner inadvance so that petitioner can deal with or distinguish it duringthe personal hearing. The time spent from the date of filing the writ petition till disposal and the time granted for disposal of objections is to be excluded while computing the period of limitation for completion of the assessment proceedings. 8.Petition accordingly disposed. [N. J. JAMADAR, J.][K. R. SHRIRAM, J.]