Future Generali India Life Insurance Company Limited v. Assistant Commissioner Of Income Tax, Central Circle 6 2, Mumbai

924-WP(L)-35165-2024.DOC Digitally signed by KAWRE KIRAN KALYAN Date:

2024.12.11 17:34:34 +0530 KAWRE KIRAN KALYAN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 35165 OF 2024 Future Generali India Life Insurance Company Limited

...Petitioner

Vs.

Asst. Commissioner of Income Tax, Central Circle-6(2), Mumbai and Ors.

...Respondents

_________ Mr. Ravi Sawana a/w Ms. Neha Sharma and Mr. Apurva Chaudhary i/b Sriram Sridharan for the Petitioner.

Mr. Suresh Kumar for Respondents.

__________ CORAM :

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

DATE :

02 DECEMBER 2024.

P.C.

1.

Heard the learned Counsel for the parties.

2.

This Petition impugns a notice dated 31 March 2024 issued under Section 148 of the Income Tax Act, by Respondent No.1, who is the Jurisdictional Assessing Officer.

3.

Mr. Ravi Sawana, 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 the Court in Hexaware Technologies Limited v/s. Assistant Commissioner of Income Tax & Others1.

4.

Mr. Suresh Kumar, the learned Counsel for the Respondents would not dispute such contention as urged on behalf of the Petitioner. He, 1 (2024) 464 ITR 430 02 November 2024 Kiran Kawre

924-WP(L)-35165-2024.DOC however, submitted that the view taken by the Court in M/s. J. D. Printer Pvt. Ltd., 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 the 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 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 reliefs to the extent that there shall be stay to the notice under Section 148 dated 31 March 2024 and any other proceeding arising under the said notice.

(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 02 November 2024 Kiran Kawre