Hentech Agrovet Pvt Ltd v. Income Tax Officer,Ward 13 And ORS

WPA 24371 OF 2022 29.11.2022 Sl no. 30 Hentech Agrovet Private Limited Ct no. 2 - Vs - P.M. Income Tax Officer, Ward No. 13(1), Kolkata & Ors. Mr. Avra Mazumder, Mr. Binayak Gupta, Ms. Megha Agarwal .... for the petitioner Mr. Aryak Dutt ... for Union of India.

Heard learned counsel appearing for the parties.

By this writ petition, petitioner has challenged the impugned order dated July 30, 2022 under Section 148A(d) of the Income Tax Act, 1961, relating to assessment year 2016-2017 on the ground that the same being without jurisdiction and contrary to the provision of Section 149(1) (a) and (b) of the Income Tax Act, 1961 by contending that admittedly the impugned notice has been issued after the expiry of three years from the end of relevant assessment year and it is also an admitted position which appears from the conclusion of the assessing officer himself in the impugned order that the alleged escapement of income is Rs. 2,00,000/- which is below Rs. 50 lakh.

Considering the submission of the parties and admitted factual and legal position which appears on

perusal of the impugned order dated July 30, 2022, I am of the considered view that the aforesaid impugned order is bad and not sustainable in law and is liable to be quashed for the reason that the impugned notice under Section 148A(b) under the newly amended Act was issued after expiry of three years from the end of relevant assessment year and the alleged escapement of income is below Rs. 50 lakh.

In view of the discussion made above, this writ petition being WPA 24371 of 2022 is disposed of by quashing the aforesaid impugned order dated July 30, 2022 under Section 148A(d) of the Act.

(Md. Nizamuddin, J.)