Wp/1606/2022 Of Peninsula Land Limited v. Assistant Commissioner Of Income Tax, Central Circle-1(3), Mumbai And 2 Ors

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1606 OF 2022 Peninsula Land Limited….Petitioner V/s. Assistant Commissioner of IncomeTax, Central Circle 1(3), Mumbai and Ors. …Respondents ---- Mr. Madhur Agrawal i/b Mr. Atul K. Jasani for Petitioner.Mr. Akhileshwar Sharma for Respondents-Revenue. ---- CORAM : K.R. SHRIRAM & N. R. BORKAR, JJ. DATED : 26[th] APRIL, 2022 P.C. : 1.Petitioner is impugning notice dated 30[th] March, 2021 issuedunder Section 148 of the Income Tax Act, 1961 (the Act) and order dated10[th] January, 2022 disposing of objections. 2.In the objections, the Assessing Officer has not in detail dealtwith the objections raised by petitioner. Moreover, copies of theinformation/documentary evidence/statements relied upon in the reasonsrecorded for re-opening has not been provided to petitioner. 3.Therefore, the order dated 10[th] January, 2022 is quashed andset aside. Respondent No.1 shall provide within three weeks of this orderbeing uploaded all evidence relied upon by them to allege that petitioner has taken cash loan from the persons mentioned in the reasons recorded.Within two weeks thereafter, petitioner shall file further submissions/objections to the re-opening. On or before 30[th] June, 2022 Respondent No.1shall dispose the objections filed by petitioner 4.Petitioner shall also be given a personal hearing before theorder on objections is passed, notice whereof shall be issued at least sevenworking days in advance. If the Assessing Officer is going to rely on anyorder or judgment of any Court or Tribunal, a list thereof shall also beprovided to petitioner, so that petitioner will be able to deal with it ordistinguish the same during the personal hearing. The order on objectionsshall be a detailed order dealing with every submissions of petitioner. 5.The time spent from the date of filing the Writ Petition till thetime granted for disposal of objections is to be excluded while computingthe period of limitation for completion of the assessment proceeding. 6.Petition disposed. (N. R. BORKAR, J.) (K.R. SHRIRAM, J.)