AMARLAL RAMCHAND JETHANI AY 2019 20 vs. Assistant Commissioner of Income Tax Central Circle 4 Thane AND ORS
What did the High Court hold?
The Bombay High Court disposed of the Writ Petition by directing the petitioner to pursue the appeal already filed before the Commissioner of Income Tax (Appeals). The Court kept open all contentions challenging the impugned Notice and Assessment Order, on all grounds available to the petitioner, including those raised in the Writ Petition, to be agitated before the CIT (Appeals). The Court further directed that until the appeal is decided, the impugned assessment shall not be acted upon. All contentions of the parties were expressly kept open to be decided by the CIT (Appeals) on its own merits and in accordance with law. No issue was expressly left undecided; the Court deferred the decision to the appellate authority.
What were the facts?
The petitioner, Amarlal Ramchand Jethani, filed a Writ Petition before the Bombay High Court challenging a Notice dated 07.08.2024 issued under Section 148 of the Income Tax Act, 1961, and an Assessment Order dated 26.12.2025. The petitioner sought to quash these orders and prohibit the respondents, Assistant Commissioner of Income Tax and others, from proceeding further with re-assessment. The learned advocate for the petitioner fairly conceded that an appeal against the impugned Assessment Order had already been filed and was pending before the Commissioner of Income Tax (Appeals).
What were the issues?
1. Whether the Bombay High Court should entertain a Writ Petition challenging a notice under Section 148 and an Assessment Order when an appeal against the Assessment Order is already pending before the Commissioner of Income Tax (Appeals)? Assessee's contention: The petitioner sought to quash the notice and assessment order through a writ petition, implying a challenge to their legality and propriety. Revenue's contention: Not recorded in the judgment. The Court proceeded based on the petitioner's concession regarding the pending appeal.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
following order:- (a) The Petitioner shall pursue its Appeal already filed before the Commissioner of Income Tax (Appeals) against the impugned Notice issued under Section 148, as well as the impugned Assessment Order. (b) All contentions challenging the impugned Notice and the Assessment Order, on all grounds available to the Petitioner, including ones raised in the present Writ Petition are kept open to be agitated before the CIT (Appeals). FEBRUARY 09, 2026 Utkarsh
wp.1696.2026.doc
(c) Until the Appeal before the Commissioner of Income Tax (Appeals) is decided, the impugned Assessment shall not be acted upon.
It is once again clarified that all contentions of the parties are expressly kept open to be agitated before the CIT (Appeals), and which shall be decided by the CIT (Appeals) on its own merits and in accordance with law.
The Writ Petition is disposed of in the aforesaid terms. However, there shall be no order as to costs.
This order will be Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order. [FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.] FEBRUARY 09, 2026 Utkarsh
More judgments on Section 148
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
- Adj Agri International LLP, Rajkot vs The Income Tax Officer, Ward-1(1)(1), RajkotITA 1198/RJT/2026[2018-19]Status: Disposed21 Oct 2026AY 2018-19
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