Jmp Securities Pvt. Ltd. v. Deputy Commissioner Of Income Tax Circle 4(3)(1) And ANR.

Digitally signed by MEERA MAHESH JADHAV Date:

2022.04.22 10:58:48 +0530 1/3 MEERA MAHESH JADHAV

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 705 OF 2022 JMP Securities Pvt Ltd.

....Petitioner V/s.

Deputy Commissioner of Income Tax Circle 4(3)(1) & Anr

...Respondents

Ms Neha Paranjpe for Petitioner Mr. Suresh Kumar for Respondents CORAM : K.R. SHRIRAM & N.R. BORKAR, JJ DATED : 20th APRIL 2022 P.C. :

Petitioner has impugned a notice dated 31st March 2021 but the date of signature is not clear though, it looks like some date in April 2021. Mr. Suresh Kumar states that he has received an email from DCIT-4(3)(1), Mumbai, who is the same officer, who signed the notice impugned in the petition stating that the notice was signed on 8th April 2021. The email is taken on record and marked "X" for identification and the same for ease of reference is scanned and reproduced hereinbelow.

2/3 In this case the notice issued under Section 148 of the Income Tax Act, 1961 (the Act) is issued after 31st March 2021 but the procedure followed is the old procedure which came to be replaced by the Finance Act, 2021 with effect from 1st April, 2021. Ms Paranjpe states that she does not have any instructions of any assessment order having been communicated to petitioner.

3/3 Statement accepted.

Even if the assessment order is passed, still it will be nonest as the notice issued under Section 148 of the Act itself is being set aside.

We have already held in Tata Communications Transformation Services Limited V/s. Assistant Commissioner of Income Tax 14(1) & Ors.

1 that such notices are bad in law and have to be quashed. Accordingly, notice impugned in this petition is hereby quashed and set aside.

Petition disposed accordingly.

(N. R. BORKAR, J.) (K.R. SHRIRAM, J.)

1. Writ Petition No.1334 of 2021 dated 29th March, 2022.