Dhan Stock And Share Brokers Pvt Ltd v. Union Of India And ORS

OD - 12 ORDER SHEET WPO/2538/2022

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE DHAN STOCK AND SHARE BROKERS PVT LTD VS UNION OF INDIA AND ORS

BEFORE:

The Hon'ble JUSTICE MD. NIZAMUDDIN Date : 14TH SEPTEMBER, 2022.

APPEARANCE:

Mr. Hemant Tiwari, Adv.

..for the petitioner Mr. Prithu Dudhoria, Adv.

..for the respondents The Court: The supplementary affidavit filed by the petitioner in Court today be kept with the record.

By this writ petition, petitioner has challenged the impugned order under Section 148A(d) of the Income Tax Act, 1961 dated 28th July, 2022, relating to assessment year 2014-2015 on the ground that same is barred by limitation on the face of it since the initial notice under Section 148 of the Act was issued on 26th June, 2021 which had already become time barred on 31st March, 2021 and as such the subsequent notice under Section 148A(b) and order under Section 148A(d) of the Act are not sustainable in law in view of the aforesaid factual and legal position. Considering the facts and circumstances of the case, as appears from record, I find that the impugned proceeding which was initiated after expiry

of six years from the end of relevant assessment year and even the initial notice under Section 148 under the old Act was already barred by limitation and as such subsequent notice under Section 148 A(b) under the New Act is not sustainable in law.

Accordingly, this writ petition being WPO No. 2538 of 2022 is disposed of by quashing the impugned order under Section 148A(b) and subsequent notice under Section 148 of the Act.

(MD. NIZAMUDDIN, J.) Sbghosh