Wp/2525/2023 Of Maharashtra Oil Extraction Private Limited v. Dy. Commissioner Of Income-Tax Circle-4-3-1- Mumbai

IN THE HIGH COURT OF JUDICATURE AT BOMBAYDigitallyPURTIsigned byPURTIPRASADORDINARY ORIGINAL CIVIL JURISDICTIONPRASADPARABPARABDate:2023.10.0414:04:47+0530 WRIT PETITION NO. 2525 OF 2023 Maharashtra Oil ExtractionPrivate Limited….Petitioner V/s.Deputy Commissioner ofIncome Tax, Circle 4(3)(1), Mumbai and Ors. …Respondents ---- Dr. K. Shivaram, Senior Advocate a/w Mr. Shashi Bekal and Mr. RahulHakani for Petitioner.Mr. Subir Kumar a/w Ms. Janhavi Hirlekar and Ms. Sruti Kalyanikar forRespondents-Revenue. ---- CORAM : K.R. SHRIRAM & NEELA GOKHALE, JJ. DATED : 25[th] SEPTEMBER 2023 P.C. : 1.After the petition was heard for some time and Mr. Subir Kumarstrongly opposed the petition. The court brought to Mr. Subir Kumar’s noticethat in the Reassessment Order dated 31[st] May 2023 or in the affidavit inreply there is no denial of the fact that personal hearing was sought but wasnot granted and the Show Cause Notice gave less than seven days timewhen the Central Board of Direct Taxes (CBDT) circular provides forminimum 7 upto 30 days notice. When Mr.Subir Kumar was confrontedwith these facts by the court, Mr. Subir Kumar then left it to the Hon’bleCourt to decide the appropriate action to be taken. 2.In view of what is recorded above, and the fact that personalhearing was not granted though requested for and the notice to respond tothe Show Cause Notice was less than the minimum time even prescribed bythe CBDT, we hereby quash and set aside the Reassessment Order dated 31[st]May 2023. The consequential Penalty Notice and the consequential Noticeof Demand under Section 271 and Section 156 of the Income Tax Act, 1961(the Act), respectively, both dated 31[st] May 2023 will also have to bequashed and set aside, which we hereby do. 3. Further, we direct as under : (a)By 10[th] October 2023 the portal will beopened for petitioner to file response to the ShowCause Notice and petitioner shall be so intimated. (b)By 16[th] October petitioner shall file to theShow Cause Notice dated 23[rd] May 2023 itsreply/response together with documents. Show Cause Notice dated 23[rd] May 2023 itsreply/response together with documents. (c)If Faceless Assessing Officer shall issue freshnotice to all those parties to whom notice underSection 133(6) of the Act had been issued earlier havenot responded, under advice to petitioner, so thatpetitioner will be able to follow up with those parties.Those parties shall be given minimum 15 days time torespond to the notice. (d)The Faceless Assessing Officer shall disposethe reassessment notice on or before 31[st] December2023. Before passing any order he shall give personalhearing to petitioner, notice whereof shall becommunicated atleast seven working days in advance.If any further clarification is required after receivingresponse from those third parties to the notices issuedto them under Section 133(6) of the Act, reasonabletime period should be given to petitioner to respond. 4. Petition disposed. 5. We have not made any observations on the merits of the matter. 6. All rights and contentions of petitioner are kept open. (NEELA GOKHALE, J.) (K.R. SHRIRAM, J.)