Wp/4543/2022 Of Akshar Properties Mumbai v. Asst. Commissioner Of Income Tax Circle 27(1) And Ors

911-cwp-4543-22.doc Digitally signedby DINESHDINESHSADANAND IN THE HIGH COURT OF JUDICATURE AT BOMBAYSHERLASADANANDSHERLADate:2022.04.18 CIVIL APPELLATE JURISDICTION 17:39:41+0500 WRIT PETITION NO. 4543 OF 2022 Akshar PropertiesV/s.Asst. Commissioner of Income Tax Circle 27(1), Mumbai and anr. … Petitioner … Respondents ---------------- Ms Ritika Agarwal i/b ACE Legal for the Petitioner.Mr. Suresh Kumar for the Respondent. ---------------- P.C. CORAM : K.R. SHRIRAM &N.R. BORKAR, JJ.:APRIL 13, 2022. DATE 1]In this case the notice issued under Section 148 of the Income Tax Act, 1961 (the Act) is dated 06.05.2021 but the procedure followed is the old procedure which came to be replaced by the Finance Act,2021 with effect from 01.04.2021. 2]We have already held in Tata Communications Transformation Services Limited V/s. Assistant Commissioner of Income Tax 14(1) &Ors.1that such notices are bad in law and have to be quashed.Accordingly, notice impugned in this petition is hereby quashed and setaside. 1. Writ Petition No.1334 of 2021 dated 29[th] March, 2022. 911-cwp-4543-22.doc 3]Since we have set aside the notice itself, the assessment orderdated 29.03.2022, copy whereof is annexed to the petition at Exhibit-E,cannot be sustained. Same is also quashed and set aside. Anyconsequential orders or steps taken will also stand quashed. 4]Petition disposed accordingly. (N.R. BORKAR, J.) (K.R. SHRIRAM, J.)