Wp/705/2022 Of Jmp Securities Pvt. Ltd v. Deputy Commissioner Of Income Tax Circle 4(3)(1) And Anr

Digitallysigned by1/3MEERAMEERAMAHESHMAHESHJADHAVJADHAVDate:2022.04.22 IN THE HIGH COURT OF JUDICATURE AT BOMBAY10:58:48+0530ORDINARY ORIGINAL CIVIL JURISDICTIONWRIT PETITION NO. 705 OF 2022 JMP Securities Pvt Ltd. V/s. ….Petitioner Deputy Commissioner of Income TaxCircle 4(3)(1) & Anr …Respondents Ms Neha Paranjpe for PetitionerMr. Suresh Kumar for Respondents CORAM : K.R. SHRIRAM & N.R. BORKAR, JJ DATED : 20[th] APRIL 2022 P.C. : 1Petitioner has impugned a notice dated 31[st] March 2021 but thedate of signature is not clear though, it looks like some date in April2021. Mr. Suresh Kumar states that he has received an email fromDCIT-4(3)(1), Mumbai, who is the same officer, who signed the noticeimpugned in the petition stating that the notice was signed on 8[th] April2021. The email is taken on record and marked “X” for identificationand the same for ease of reference is scanned and reproducedhereinbelow. 2In this case the notice issued under Section 148 of theIncome Tax Act, 1961 (the Act) is issued after 31[st] March 2021 but theprocedure followed is the old procedure which came to be replaced by the Finance Act, 2021 with effect from 1[st] April, 2021. 3Ms Paranjpe states that she does not have any instructionsof any assessment order having been communicated to petitioner. Statement accepted. Even if the assessment order is passed, still it will be non- est as the notice issued under Section 148 of the Act itself is being setaside. 4We have already held in Tata CommunicationsTransformation Services Limited V/s. Assistant Commissioner ofIncome Tax 14(1) & Ors.1that such notices are bad in law and have tobe quashed. Accordingly, notice impugned in this petition is herebyquashed and set aside. 5Petition disposed accordingly. (N. R. BORKAR, J.) (K.R. SHRIRAM, J.) 1. Writ Petition No.1334 of 2021 dated 29[th] March, 2022.