Msp Mettalics Limited v. Assistant Commissioner Of Income Tax & Ors

18.5.2023 ks WPA 5184 of 2023 sl. 15 MSP Mettalics Limited VsAssistant Commissioner of Income Tax & Ors. Mr. Agnibesh Sengupta,Mr. Saurav Chunder … For the Petitioner.Mrs. Smita Das De,Mr. Prithu Dudhoria … For the Respondents. Heard learned Advocates appearing for the parties. By this writ petition, petitioner has challenged theimpugned order under Section 148A(d) of the IncomeTax Act, 1961, dated 30[th] July, 2022, relating to theassessment year 2016-17, inter alia, on the groundthat the impugned proceedings including theimpugned order is not sustainable in law in view of theorder of the National Company Law Tribunal in thecase of the petitioner itself, dated 11[th] July, 2022, inCP(IB) No.580/KB/2020 by which the aforesaidTribunal has held that any re-assessment, revision orother proceedings under the provisions of applicablelaws relating to taxes would be deemed to be barredand admittedly such order of the Tribunal was passedbefore passing of the impugned order. In view of the aforesaid factual and legal position,the impugned proceedings including the aforesaidimpugned order and subsequent proceedings is notsustainable in law and is liable to be quashed. This writ petition being WPA 5184 of 2023, is,accordingly disposed of. ( Md. Nizamuddin, J. )