Mukesh Gobindram Kamra v. Income Tax Officer Ward 2 2 Kalyan

SPEAKING907-WP-14488-2024.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 14488 OF 2024 Mukesh gobindram Kamra

...Petitioner

Versus

Income Tax Officer Ward 2(2) Kalyan & Ors.

...Respondents

_______ Adv. Sham Walve a/w Sameer G. Dalal & Bhavik for Petitioner. Adv. Akhileshwar Sharma for Respondents.

_______

CORAM:

G. S. KULKARNI & FIRDOSH P. POONIWALLA, JJ.

DATE:

21 OCTOBER 2024 P.C.

1.

Heard the learned Counsel for the parties.

2.

This Petition impugns a notice dated 30 August 2024 for Assessment Year 2017-18, issued under Section 148 of the Income Tax Act, by Respondent No.1, who is the Jurisdictional Assessing Officer. 3.

Mr. Sham Walve, the learned Counsel for the Petitioner submitted that the Jurisdictional Assessing Officer would not have jurisdiction to issue the impugned notice, considering the principle of law as laid down by this Court in Hexaware Technologies Limited v/s. Assistant Commissioner of Income Tax & Others1.

(2024) 464 ITR 430 21 October 2024 Kiran Kawre

SPEAKING907-WP-14488-2024.DOC 4.

Mr. Akhileshwar Sharma, the learned Counsel for the Respondents would not disputes such contention as urged on behalf of the Petitioner. He, however, submitted that the view taken by this Court in M/s. J. D. Printers Pvt. Ltd., v/s. Income Tax Officer - 15(1)(2) & Ors.2 be followed in the present proceedings.

5.

We have heard the learned Counsel for the parties and having perused the record, we are of the opinion that, for the reasons as recorded by us in M/s. J. D. Printer (supra) in regard to our observations on the proceedings involving the decision in Hexaware Technologies Ltd. (supra), we pass the following order:-

O R D E R

(a) Rule. Respondents waive service.

(b) Pending the hearing and final disposal of this Petition, there shall be interim orders in terms of prayer clause (c). (c) Liberty to the parties to apply after appropriate orders are passed by the Supreme Court and/or final decision of the Supreme Court in Hexaware.

(FIRDOSH P. POONIWALLA, J.) (G. S. KULKARNI, J.) This order is corrected as per speaking to the minutes of order dated 3rd December 2024. Writ Petition No.12187 of 2024 21 October 2024 Kiran Kawre