Wp/2071/2015 Of M/S. Piramal Phytocare Ltd v. The Dy. Commissioner Of Income-Tax-7(3)(2) And 2 Ors

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTIONWRIT PETITION NO.2071 OF 2015 M/s Piramal Phytocare Ltd. V/s. The Dy. Commissioner of Income Tax 7(3)(2) & Ors ….Petitioner …Respondents ---- Mr. Madhur Agarwal i/b Mr. Atul K Jasani for PetitionerMr. Akhileshwar Sharma i/b Mr. Sham Walve for Respondents ---- CORAM : K.R. SHRIRAM &N.R. BORKAR, JJ DATED : 8[th] APRIL 2022 P.C. : 1On 18[th] June 2015, while admitting the petition, this court was pleased to pass the following order: “Heard. 2.Rule. 3. The petitioner challenges reopening notice issued underSection148 of the Income Tax Act, 1961 beyond the period of 4 years fromthe end of the relevant assessment year i.e 200809. Thus thecondition precedent to issue such a notice is failure to make true andfull disclosure of all necessary facts for purpose of assessment. Thereasons recorded for reopening the assessment proceeds onverification of records which was already available with the AssessingOfficer. Further the reasons when read as a whole do not indicateprima facie that there was any failure on the part of the respondent-assessee to make a full and true disclosure of all material factsnecessary for the assessment. Thus the issue would requireexamination at the time of final hearing. 4. In the result interim relief in terms of prayer clause (d).” 2We have also read the reasons for reopening, copy whereof is atExhibit M to the Petition, which does not indicate that there was any failureon the part of petitioner to make full and true disclosure of all material facts necessary for the assessment. 3In the circumstances, petition is allowed in terms of prayer clause (a), which reads as under: “(a) Issue a writ of certiorari or a writ in the nature of certiorari orany other appropriate writ, order or direction under Article 226 of theConstitution of India calling for the records of the petitioner’s caseand after examining the legality and validity thereof, quash and setaside the impugned notice dated 25[th] November 2013 (Exhibit K) andthe impugned order dated 20[th] January 2015 (Exhibit O) seeking toreopen the Petitioner’s assessment for the Assessment Year 2008-09.” 4Petition disposed. (N. R. BORKAR, J.) (K.R. SHRIRAM, J.)