The Assistant Commissioner Ofincome Tax, Circle 19(3) & Ors v. R.n. Laddha, Jj. Dated : 5[Th] January, 2022

Digitallysigned byPURTIPURTIPRASADPRASADPARAB IN THE HIGH COURT OF JUDICATURE AT BOMBAYPARABDate:2022.01.1017:07:37ORDINARY ORIGINAL CIVIL JURISDICTION+0530 WRIT PETITION NO. 3592 OF 2019 Shree Ambica Gems V/s. The Assistant Commissioner ofIncome Tax, Circle 19(3) & Ors. ….Petitioner …Respondents ---- Mr. Deepak Tralshawala i/b Mr. Vishnu S. Hadade for Petitioner.Mr. Sham V. Walve for Respondents-Revenue. ---- CORAM : K.R. SHRIRAM & R.N. LADDHA, JJ. DATED : 5[th] JANUARY, 2022 P.C. : 1.Petitioner is impugning a notice dated 21[st] February, 2019issued under Section 148 of the Income Tax Act, 1961 (the Act). The noticehas been issued after the expiry of four years from the relevant assessmentyear and therefore, the proviso to Section 147 of the Act as then prevailingwill apply. 2.We have considered the reasons recorded for re-opening theassessment. The entire basis is a survey that was conducted under Section133A of the Act on 21[st] January, 2019 at the business premises of assesseewhich was almost three years after the order under Section 143(3) of theAct was passed. Therefore, we are unable to accept the statement ofpetitioner's counsel that the notice that has been issued is bad in law. 3.Petition dismissed. (R.N. LADDHA, J.) (K.R. SHRIRAM, J.)