The Income Tax Officer And Others v. Ghuge And Y.g.khobragade, Jj

- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABAD 913 WRIT PETITION NO. 1 OF 2023 MANOJ JAIPRAKASH KABRAVERSUSTHE INCOME TAX OFFICER AND OTHERS AND 914 WRIT PETITION NO. 2 OF 2023 KANCHAN MANOJ KABRAVERSUS THE INCOME TAX OFFICER AND OTHERS Mr.D.R.Jethliya, Advocate for the Petitioners. Mr.Alok Sharma, Advocate for Respondent Nos. 1 and 2. ( CORAM : RAVINDRA V. GHUGE AND Y.G.KHOBRAGADE, JJ.) DATE : SEPTEMBER 12, 2024 PER COURT: 1.The substantive prayers put forth by the Petitioners is interms of clauses A, B and C. 2. The only issue raised in these Petitions is as regards theescaped assessment of an amount, which is less than Rs.50,00,000/-(Rs. Fifty Lakhs). As regards the issuance of notices for reassessment orkhs/Sep.2024/1 re-computation under Section 147 of the Income Tax Act, 1961, it isundisputed that the notices were issued under Section 148 of theIncome Tax Act, 1961. 3.The Petitioners have filed the income tax returns for theAssessment Year 2016-2017. Hence, the grievance of the Petitioners isthat the notices under Section 148 cannot be issued in the light ofSection 149(1)(b) of the Income Tax Act, 1961, with reference to theescaped assessment, if the notices are issued beyond three years of theAssessment Year and if the amount is less than Rs.50,00,000/- (Rs. Fiftylakhs). The notices in such peculiar circumstances could be issuedeven within ten years, provided the escaped income is more thanRs.50,00,000/- (Rs. Fifty lakhs). 4. This issue is no longer res-integra. Despite the vehementsubmissions of the learned Advocate Shri. Sharma, for the Department,he is unable to indicate from the record that the impugned notices wereissued within three years and that the amount of escaped assessmentwas more than Rs.50,00,000/-. - 3 - 5.Therefore, these Writ Petitions are allowed in terms ofprayer clause ‘C’. ( Y.G.KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J.)