Lodha Builders Pvt. Ltd v. The Deputy Commissioner Of Income Tax Central Circle 42 And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTIONWRIT PETITION (LODG.) NO.817 OF 2013 Lodha Builders Pvt. Ltd.versusThe Deputy Commissioner of Income TaxCentral Circle 42 and others ..Petitioner. ..Respondents. ..... Mr. Jehangir Mistry with Mr. Rahul Dwarkadas, Mr. Kingshuk Banerjee and Ms. Prachi Dhanani i/b Wadia Ghandy & Co. for the Petitioner.Mr. Suresh Kumar for the Respondents. ..... CORAM : DR.D.Y.CHANDRACHUD, ANDA.A. SAYED, JJ. 10 June 2013. P.C. : Following a notice under Section 148 of the Income Tax Act 1965 issued on 29 March 2012 for the reopening of an assessment for Assessment Year 2007-08, the objections which were raised by the assessee have been disposed of by the Assessing Officer by an order dated 28 February 2013. The Petition challenges the notice under Section 148 and the order disposing of the objections to the reopening of the assessment. When the Petition came up before the Division Bench during the Summer recess, the Court declined on 29 May 2013 to grant ad interim relief. Consequently an order of assessment has been passed by the Assessing Officer on 29 May 2013. Since the order of assessment is subject to an appeal, we are not inclined to entertain the Petition under Article 226 at this stage. The Petitioner is at liberty to pursue the Appeal against the order of assessment and to raise all objections to the assessment which we keep open. The learned senior counsel appearing on behalf of the Petitioner requests a direction for a hearing of the Appeal within a stipulated time frame. We are not inclined to issue a peremptory direction, but leave it open to the Petitioner to move the first appellate authority for setting down the Appeal for expeditious hearing. Any such request shall be duly considered in accordance with law. The Petition is accordingly disposed of. There shall be no order as to costs. (Dr. D.Y.Chandrachud, J.) (A.A. Sayed, J.)