Majestic Prime Realtors Llp v. Union Of India

Digitally signed by PRASHANT VILAS RANE Date:

2024.11.22 14:39:23 +0530 PRASHANT VILAS RANE 906-WP-16632-24.DOC P. V. Rane

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 16632 OF 2024 Majestic Prime Realtors LLP.

...Petitioner

Vs.

Union of India & Ors.

...Respondents

_________ Mr. Jasmine Dixit i/b. UBR Legal Advocates, for Petitioner. Ms. Smita Thakur, for Respondents.

__________

CORAM:

G. S. KULKARNI & ADVAIT M. SETHNA, JJ.

DATE:

18 November 2024.

P.C.

1.

Heard the learned Counsel for the parties.

2.

This Petition impugns a notice dated 17 May 2023 issued under Section 148 of the Income Tax Act, by Respondent No.2, who is the Jurisdictional Assessing Officer.

3.

Mr. Dixit, 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.

4.

Ms. Thakur, the learned Counsel for the Respondents would not dispute such contention as urged on behalf of the Petitioner. He, however, submitted that the view taken by this Court in M/s. J. D. Printer Pvt. Ltd., 1 (2024) 464 ITR 430 18 November 2024

906-WP-16632-24.DOC v/s. Income Tax Officer - 15(10(2) & Ors.2 be followed in the present proceedings.

5.

We have heard the learned Counsel for the parties and perused the record.

6.

There are other issues which are raised on behalf of the petitioner in assailing the impugned notices / orders, apart from the primary issue as raised on the test of the decision in Hexaware Technologies Ltd. (supra). Considering the view which the Court has taken in M/s. J. D. Printer (supra), we need to follow such orders, which would also govern the present proceedings. Hence, for the reasons as recorded in the orders passed by this Court in M/s. J. D. Printer (supra) and in regard to our observations on the proceedings involving the decision in Hexaware Technologies Ltd. (supra), we need to 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 (e). (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.

(ADVAIT M. SETHNA, J.) (G. S. KULKARNI, J.) 2 Writ Petition No.12187 of 2024 18 November 2024