Savitri Komal Properties Private Limited v. Income Tax Officer Kolkata And ANR

OD - 16 ORDER SHEET WPO/2549/2022

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE SAVITRI KOMAL PROPERTIES PRIVATE LIMITED VS INCOME TAX OFFICER KOLKATA AND ANR

BEFORE:

The Hon'ble JUSTICE MD. NIZAMUDDIN Date : 13TH SEPTEMBER, 2022.

APPEARANCE:

Mrs. Manju Agarwal, Adv.

Mr. Bajrang Manot, Adv.

Ms. Surabhi Baid, Adv.

..for the petitioner Mr. Vipul Kundalia, Adv.

Mr. Anurag Roy, Adv.

..for the respondent Income Tax The Court: Heard learned counsel appearing for the parties. By this writ petition, petitioner has challenged the impugned order dated 27th July, 2022 under Section 148A(d) of the Income Tax Act, 1961, relating to assessment year 2017-18 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 on 28th April, 2021 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. 10,00,000/- 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 27th July, 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 WPO 2549 of 2022 is disposed of by quashing the aforesaid impugned order dated 27th July, 2022 under Section 148A(d) of the Act. (MD. NIZAMUDDIN, J.) Sbghosh