Wp/2682/2019 Of Varsha Jiten Vora v. Deputy Commissioner Of Income Tax, Central Circle 7(4) And Anr
High Court
01 Sep 2021 In favour of: Unclear
Forum / Bench
High Court · newos
Parties
Wp/2682/2019 Of Varsha Jiten Vora v. Deputy Commissioner Of Income Tax, Central Circle 7(4) And Anr
Date of order
01 Sep 2021
Assessment year(s)
—
Outcome
Other
Case summary
In Wp/2682/2019 Of Varsha Jiten Vora v. Deputy Commissioner Of Income Tax, Central Circle 7(4) And Anr, the High Court (2021) decided the matter.
Decision: In the circumstances, we set aside the orders dated09.09.2019/07.09.2019 in the above matters and remand the matters fordenovo consideration.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
Sections referenced in this judgment
The order — as passed by the High Court
IN THE HIGH COURT OF JUDICATURE AT BOMBAYDigitallysigned byPURTIORDINARY ORIGINAL CIVIL JURISDICTIONPURTIPRASADPRASADPARABPARABDate:2021.09.0414:56:43+0530WRIT PETITION NO. 2680 OF 2019
Varsha Jiten Vora V/s.Deputy Commissioner of IncomeTax, Central Circle 7 (4) and Anr.
….Petitioner ….Respondents
ALONGWITH
WRIT PETITION NO. 2684 OF 2019
Jiten Bhavanji Vora (HUF)
V/s.Deputy Commissioner of IncomeTax, Central Circle 7 (4) and Anr.
….Petitioner ….Respondents
ALONGWITH
WRIT PETITION NO. 2683 OF 2019
Bhavanji Meghji Vora (HUF) V/s.Deputy Commissioner of IncomeTax, Central Circle 7 (4) and Anr.
….Petitioner ….Respondents
ALONGWITHWRIT PETITION NO. 2682 OF 2019
Varsha Jiten Vora V/s.Deputy Commissioner of IncomeTax, Central Circle 7 (4) and Anr.
….Petitioner
….Respondents
ALONGWITH
WRIT PETITION NO. 2681 OF 2019
Bhavanji Meghji Vora
….Petitioner
V/s.
Deputy Commissioner of IncomeTax, Central Circle 7 (4) and Anr. ….Respondents
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Mr. Rahul Hakani a/w Ms. Niyati Hakani for Petitioners (In all Petitions).Mr. Suresh Kumar for Respondents (In all Petitions).
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CORAM : K.R. SHRIRAM &ABHAY AHUJA, JJ. DATED : 1[st] SEPTEMBER 2021
P.C. :
1.We have heard Mr. Hakani and Mr. Suresh Kumar in the abovematters. We find that in the orders dated 09.09.2019/07.09.2019 disposingobjections to the reopening of assessments under Section 147 of the IncomeTax Act, 1961 (the “Act”), the Assessing Officer has not considered or dealtwith all the objections in submissions made by petitioner in response toshow cause notices issued for reopening of assessment under Section 147 ofthe Act. In the circumstances, we set aside the orders dated09.09.2019/07.09.2019 in the above matters and remand the matters fordenovo consideration. The Assessing Officer shall :
(a) consider all the submissions made by petitioner in
response to the reopening notices respectively dated19/03/2019, 29/03/2019, 29/03/2019, 20/03/2019,20/03/2019.
(b) should he require any further information, give atleast
two weeks’ advance notice to petitioner.
(c) grant a personal hearing as per the rules.
(d) pass a reasoned order dealing with all the contentions
raised by petitioner in accordance with law.
2.All rights and contentions of petitioner are kept open.
3.The procedure mentioned in (a), (b), (c) above shall becompleted within six weeks from today. The Assessing Officer shall pass hisreasoned order within four weeks thereafter, which shall not beimplemented for a further period of four weeks.
4.All petitions accordingly stand disposed.
(ABHAY AHUJA, J.)
(K.R. SHRIRAM, J.)
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