GAZE FASHION TRADE LIMITED (2015-16) vs. ASSISTANT COMMISSIONER OF INCOME TAX

Mr. Nahar submits that petitioner is unhappy with notice dated 24th March 2024 issued under Section 148 of the Income Tax Act, 1961 (for short ‘the Act’).

Income-Tax & Others1 and Sharda Devi Chhajer vs. The Income Tax Officer & Another2 following judgment of Bombay 1 DB Civil Writ Petition No.10540/2024, dated 05.08.2025 at Jaipur Bench (unreported)

The Gujarat High Court has relied on Explanation 2 to Section 148 (as it existed at the relevant time) to approve the contention of the Revenue that the concept of automated allocation, i.e. application of algorithm for randomized allocation of cases by using suitable technological tools including Artificial Intelligence and Machine Learning, as defined in Clause 2(1)(b) of 3 [2024] 162 taxmann.com 225 (Bombay)

The decision of the Division Bench of the Bombay High Court in the case of Hexaware Technologies Ltd. (supra) has been distinguished as having been rendered in a case, which falls within the arena of Explanation 1 to Section 148 and not where Explanation 2 to Section 148 of the Income Tax Act' 1961, would International Tax Ward Circle-4(2)(1), Mumbai and Ors.5 where the orders dated 31st March 2021 and 06th September 2021 issued by the CBDT creating exception for the assessment proceedings undertaken by the International taxation charges/Central Charges were subject matter of deliberation.

In Abhin Anilkumar Shah (supra) the Court held that said orders dated 31st March 2021 and 06th September 2021 issued by the CBDT only carve out exception in relation to the assessment [2024]468ITR350(Bom)

Exemption Application is allowed.

Having heard the learned counsel appearing for the petitioners – Revenue and having gone through the materials on record, we find no good reason to interfere with the impugned order passed by the High Court.

The Special Leave Petition is, accordingly, dismissed.

Pending applications, if any, shall also stand disposed of.”

Thus the judgment passed by the Gujarat High Court is not based on the reading of notification dated 29th March 2022 along with orders dated 31st March 2021/ 06th September 2021 but is based on the simple reading of Explanation 2 to Section 148 along with understanding that the pre-requisites for issuing notice under Section 148 in search cases cannot be met by the FAO. With due respect, we do not agree.

In these circumstances, impugned notice dated 24th March 2024 issued under Section 148 of the Act is liable to be quashed and set aside.

At this stage, Mr. Bissa submits that in judgment of Hexaware Technologies Ltd. (supra), Revenue has preferred a Special Leave Petition and notice has been issued. Counsel states that in view of the law as it stands today, Court may grant the prayer of petitioner but in case the Apex Court interferes with judgment in Hexaware Technologies Ltd. (supra), Sharda Devi Chhajer (supra) or Shree Cement Limited (supra), then Revenue should be given liberty to revive the notice issued under Section 148 of the Act.

In view of above, counsel for petitioner states that other grounds raised are not being pressed upon and they will be taken at appropriate stage, if required.

Therefore, keeping open all rights and contentions of parties, we quash and set aside notice dated 24th March 2024 issued under Section 148 of the Act with liberty as prayed.

Petition disposed.

Consequently, all pending applications, if any, also stand disposed.

In case, if any re-assessment order is passed, the same will also stand quashed and set aside. (SANGEETA SHARMA),J (K.R. SHRIRAM),CJ 34-Amit/- Powered by TCPDF (www.tcpdf.org)