Parker Construction Pvt Ltd. v. Income Tax Officer Ward 5(1) And ORS

OD-34 ORDER SHEET WPO/2707/2022

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE PARKER CONSTRUCTION PVT LTD.

VS INCOME TAX OFFICER WARD 5(1) AND ORS

BEFORE:

The Hon'ble JUSTICE MD. NIZAMUDDIN Date: 27th September, 2022.

Appearance:

Mr. Rites Goel, Adv.

...for the petitioner Mr. Smarajit Roy Chowdhury, Adv.

...for the Income Tax Department The Court: Heard learned counsel appearing for the parties. By this writ petition, petitioner has challenged the impugned order dated 25th July, 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 on 25th July, 2022 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.4,80,012/- which is below Rs.50 lakhs.

Considering the submission of the parties and admitted factual and legal position which appears on perusal of the impugned order dated 25th

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 2707 of 2022 is disposed of by quashing the aforesaid impugned order dated 25th July, 2022 under Section 148A(d) of the Act. (MD. NIZAMUDDIN, J.) sp3