Mahesh Kumar Khatoria Son Of Gd Khatoria v. Income Tax Officer, Central Circle (4), Room
High Court
29 Mar 2022 In favour of: Assessee
Forum / Bench
High Court · jaipur
Parties
Mahesh Kumar Khatoria Son Of Gd Khatoria v. Income Tax Officer, Central Circle (4), Room
Date of order
29 Mar 2022
Assessment year(s)
—
Outcome
Allowed
Case summary
In Mahesh Kumar Khatoria Son Of Gd Khatoria v. Income Tax Officer, Central Circle (4), Room, the High Court (2022) allowed the appeal. The decision went in favour of the assessee.
Decision: In view of the above statement made by learnedcounsel for the petitioner, the impugned notice issued in thepresent case, for the reasons stated in the order dated27.01.2022 passed in the aforesaid cases, is also quashed and setaside and the petition is allowed.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
Sections referenced in this judgment
The order — as passed by the High Court
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D. B. Civil Writ Petition No. 2950/2022
Mahesh Kumar Khatoria Son of GD Khatoria, aged about 43years, Resident of SB-39 Khatoria Bhawan, Ganesh MargRambag, Jaipur 302015, Rajasthan
----Petitioner
Versus
1. Income Tax Officer, Central Circle (4), Room No. 416, 4ThFloor, Jeevan Nidhi-2, LIC Building, Ambedkar Circle,Jaipur, RajasthanFloor, Jeevan Nidhi-2, LIC Building, Ambedkar Circle,Jaipur, Rajasthan
2. Central Board of Direct Taxes, Ministry of Finance, NorthBlock, New Delhi - 110011 through its ChairmanBlock, New Delhi - 110011 through its Chairman
----Respondents
For Petitioner
For Respondents
: Mr. Prateek Kedawat Advocate.
: Mr. N.S. Bhati Advocate on behalf of
Mr. Anuroop Singhi Advocate.
HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE SAMEER JAIN
Order
29/03/2022
Learned counsel for the petitioner at the outset would
submit that the issue involved in this petition is no longer resintegra as it has been put to an end by Division Bench of thisCourt in the decision rendered on 27.01.2022 in Sudesh TanejaVs. Income Tax Officer, Ward-1(3) & Anr. (D.B. Civil Writ PetitionNo. 969/2022 and batch of petitions) where the notices issuedunder Section 148 of the Income Tax Act, 1961 have been foundto be invalid and impermissible in law and quashed.
In view of the above statement made by learnedcounsel for the petitioner, the impugned notice issued in thepresent case, for the reasons stated in the order dated27.01.2022 passed in the aforesaid cases, is also quashed and setaside and the petition is allowed.
(SAMEER JAIN),J(MANINDRA MOHAN SHRIVASTAVA),ACTING CJ
MANOJ NARWANI /18
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