This Petition Relates To Assessment Year 2016-17 v. Itr 647 (Bom

Digitallysigned byMEERAMEERAMAHESH 1/2 656-WP-12148-22.docMAHESHJADHAVJADHAVDate:2024.02.1510:51:41IN THE HIGH COURT OF JUDICATURE AT BOMBAY+0530CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12148 OF 2022 Aakash Investments Thr. PartnerShri Varun Vipul Shah VersusIncome Tax Officer & Ors ...Petitioner ...Respondents ---- Mr. Sagar Tilak a/w Ms Payal Rathod i/b Mr. Sachin Hande for petitioner.Mr. Suresh Kumar for Respondents. ---- CORAM : K. R. SHRIRAM & DR. NEELA GOKHALE, JJ.DATED : 13[th] FEBRUARY 2024 P.C. : 1 This petition relates to Assessment Year 2016-17. 2Counsels state that in this petition the issue of impropersanction having been obtained has been raised among other grounds, in thepetition as well as during the hearing. Counsels state that the issue ofimproper sanction has been decided by this court in the case of SiemensFinancial Services Private Limited Vs. Deputy Commissioner of Income Tax& Ors.[1] wherein the court has held that for Assessment Year 2016-2017, thesanction should have been given under Section 151(ii) and not underSection 151(i) of the Income Tax Act, 1961 (the Act) and consequently thesanction is invalid. The Court has stated that in view of the invalid sanction,the notice issued itself will be invalid and has to be quashed. We would 1. (2023) 457 ITR 647 (BOM) also add, if the notice has to be quashed, if there is an assessmentorder passed subsequently, that assessment order having been passedrelying on an incorrect sanction, will also have to be quashed. Orderedaccordingly. 3Counsels further state that the findings in Siemens FinancialServices Private Limited (supra) will squarely apply to this petition.Therefore, all notices and orders impugned in this petition are quashed andset aside. All consequential notices, assessment order and the consequentialorders, if any, are also hereby quashed and set aside. 4Petition disposed. 5We clarify that all other grounds could be raised by the partiesat appropriate stage in any other proceeding. (DR. NEELA GOKHALE, J.) (K. R. SHRIRAM, J.)