V/S.income Tax Officer 4(3)(1), Mumbai And Ors v. N. R. Borkar, Jj

PURTIPRASADPARAB IN THE HIGH COURT OF JUDICATURE AT BOMBAYDigitally signed byPURTI PRASAD PARABORDINARY ORIGINAL CIVIL JURISDICTIONDate: 2022.03.2914:43:23 +0530 WRIT PETITION NO. 2586 OF 2021 Swet Exim Pvt. Ltd. ….Petitioner V/s.Income Tax Officer 4(3)(1), Mumbai and Ors. …Respondents ---- Mr. Rahul Hakani a/w Mr. Ajay Singh i/b Mr. Sameer G. Dalal for Petitioner.Mr. Anil C. Singh, ASG a/w Mr. Sham V. Walve for Respondents-Revenue. ---- CORAM : K.R. SHRIRAM & N. R. BORKAR, JJ. DATED : 22[nd] MARCH, 2022 P.C. : 1.Mr. Walve when the court posed questions, agreed, and wewould say had to agree, that the grievance of petitioner raised in thepetition appears to be justified. 2.Therefore, following order is passed : (a) The order dated 26[th] August, 2021 impugned in thispetition is quashed and set aside. (b) The matter is remanded to JAO who shall, afterconsidering petitioner’s submissions already filed and, aftergiving personal hearing to petitioner, the notice whereofshould be given atleast seven days in advance, pass freshorder on objections within six weeks of this order gettinguploaded. (c) If the JAO is going to rely on any judicial pronouncements other than those mentioned in paragraphno.4.7 of the impugned order, he shall give a list thereofwith the notice of personal hearing so that petitioner willbe able to deal with the same or justify the same alongwiththe cases already listed in paragraph no.4.7 duringpersonal hearing. (d) Considering further material that petitioner hasreceived after filing of petition, petitioner is granted timeupto and including 31[st] March, 2022 to file furthersubmissions objecting to the issuance of notice underSection 148 of the Act. (e) The order on objections shall be a reasoned order andevery point or submission made by petitioner shall be dealtwith in detail. (f) The assessment proceedings should not be initiatedfor four weeks after the order on objections are passed bythe JAO. (g) The time from the date of lodging the petition, i.e.,15[th] September, 2021 till today will be excluded from thetime limitation provided for assessment proceedings. 3. Petition disposed. (N. R. BORKAR, J.) (K.R. SHRIRAM, J.)