Venky Hi Tech Ispat Limited v. Assistant Commissioner Of Income Tax, Circle 1(1),Kolkata & Ors

12.7.2023. kssl. 22 WPA 15174 of 2023 Venky Hi Tech Ispat Limited Vs. Assistant Commissioner of Income Tax, Circle 1(1),Kolkata & Ors. Mr. Ramesh Kr. Patodia, Ms. Megha Agarwal … For the petitioner. Mr. Vipul Kundalia, Ms. Aditi Singhania. … For the respondents. Heard learned advocates appearing for the parties. By this writ petition, petitioner has challenged theimpugned notice under Section 148A(b) of the Income TaxAct and all subsequent proceedings on the basis of theaforesaid notice, relating to assessment year 2015-2016,on the ground that the same being without jurisdictionafter the approval of the resolution by the NCLT by itsorder dated January 08, 2019, which is an admittedposition. Mr. Kundalia, learned advocate representing therespondent income tax authority is not in a position todeny the aforesaid factual and legal position. Learned advocate appearing for the petitioner insupport of his contention relies, on a decision of theHon’ble Supreme Court in the case of Ghanashyam Mishraand Sons Private Limited Vs. Edelweiss AssetReconstruction Company Limited reported in 2021 SCC Online SC 313, decision of the Bombay High Court in thecase of Murli Industries Ltd. Vs. Assistant Commissionerof Income Tax, Nagpur, Maharashtra, PrincipalCommissioner of Income Tax-1 Nagpur, Union of Indiareported in 2021 (12) TMI 1182 – Bombay High Court,decision of the Telangana High Court in the case of TheSirpur Paper Mills Ltd. & Anr. Vs. Union of India & TwoOrs. reported in 2022 (1) TMI 977 – Telangana High Courtand an unreported decision of this Court in the case ofPrincipal Commissioner of Income Tax – 4, Kolkata Vs.M/s. Tantia Construction Ltd. in ITA/184/2018 dated 27[th]February, 2023. Considering the submission of the parties and inview of the aforesaid judgment of the Hon’ble SupremeCourt and other High Courts including this High Court, itis held that the impugned notice under Section 148A(b) ofthe Income Tax Act dated May 27, 2022 and allsubsequent proceedings are without jurisdiction and arenot tenable in the eye of law and as a consequence of thisdeclaration, all legal consequences will automaticallyfollow. With this observation and direction, this writpetition being WPA 15174 of 2023 stands disposed of. (Md. Nizamuddin, J.)