MANOJ POPATLAL SHAH vs. INCOME TAX OFFICER WARD 1 PANDHARPUR AND ORS

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WP/7404/2025HC BombayHCBM07027379202522 July 2025Author: HON'BLE SHRI JUSTICE B.P. COLABAWALLA,HON'BLE SHRI JUSTICE FIRDOSH PHIROZE POONIWALLA4 pages
AI SummaryRemanded

What did the High Court hold?

The High Court held that the issue was squarely covered by the Division Bench decision in Hexaware Technologies Ltd. V/S Assistant Commissioner of Income-tax, which the Court was bound to follow. Consequently, the impugned Notice issued under Section 148 of the Income Tax Act, 1961, and all proceedings/orders emanating therefrom were set aside. The Court granted liberty to the Revenue to revive the writ petition if the decision in Hexaware Technologies Ltd. was set aside by the Hon'ble Supreme Court. The Court clarified that revival could be sought by moving a Praecipe, and if the SLP challenging the Hexaware decision was dismissed, there would be no question of revival. Upon revival, the petition would be decided on its own merits, considering other issues raised. The Rule was made absolute, and the Writ Petition was disposed of.

What were the facts?

The petitioner, Manoj Popatlal Shah, filed a writ petition challenging a Notice issued under Section 148 of the Income Tax Act, 1961. The petitioner argued that the notice was issued by the Jurisdictional Assessing Officer, whereas the law mandates it to be issued by a Faceless Assessing Officer, constituting a fatal defect. The petitioner relied on the Bombay High Court's decision in Hexaware Technologies Ltd. V/S Assistant Commissioner of Income-tax. The Revenue acknowledged that the issue was covered by the Hexaware Technologies Ltd. decision but stated it had been challenged before the Supreme Court. No stay was in place on the Hexaware Technologies Ltd. judgment. The High Court, with consent of parties, heard the matter finally.

What were the issues?

1. Whether the Notice issued under Section 148 of the Income Tax Act, 1961, is invalid because it was issued by the Jurisdictional Assessing Officer instead of the Faceless Assessing Officer, as mandated by law? Assessee's Contention: The Petitioner contended that the issuance of the Section 148 notice by the Jurisdictional Assessing Officer, when the law requires it to be issued by the Faceless Assessing Officer, is a fatal defect and warrants the quashing of the notice. The Petitioner relied on the decision of the Bombay High Court in Hexaware Technologies Ltd. V/S Assistant Commissioner of Income-tax. Revenue's Contention: The Revenue conceded that the issue was covered by the Hexaware Technologies Ltd. decision. However, they informed the Court that this decision had been challenged before the Hon'ble Supreme Court and was likely to be taken up immediately after the reopening. The Revenue fairly stated that there was no stay granted to the judgment in Hexaware Technologies Ltd.

Which sections of the Income-tax Act were involved?

Section 148

AI-generated summary — verify with the full judgment below

sr.68-wp-7404-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7404 OF 2025 Manoj Popatlal Shah .. Petitioner Versus Income Tax Officer Ward 1, Pandharpur & Ors. .. Respondents Adv. Rutuja N. Pawar (Through V. C.) a/w Adv. Hetal Laghave and Adv. Sneha More, for the Petitioner. Adv. Akhileshwar Sharma for the Respondents.

CORAM: B. P. COLABAWALLA & FIRDOSH P. POONIWALLA, JJ. DATE: JULY 22, 2025 P. C.

1.

In the above Petition Rule was issued on 17 June 2025 and interim relief was also granted interalia staying the Notice issued under Section 148 of the Income Tax Act, 1961. Today, though the matter has come up under the caption “for directions”, we have, with the consent of parties, heard it finally.

2.

The above Writ Petition interalia challenges the Notice issued under Section 148 of the Income Tax Act, 1961 on various grounds. One of the JULY 22, 2025 Mansi shelke TRUSHA TUSHAR MOHITE TRUSHA TUSHAR MOHITE Date: 2025.07.28 15:29:41 +0530

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grounds is that the Notice has been issued by the Jurisdictional Assessing Officer when the law mandates that it has to be issued by the Faceless Assessing Officer. This is a fatal defect and therefore the Notice has to be quashed, is the argument of the Petitioner.

3.

It is the Petitioners’ contention that this issue is squarely covered by a decision of a Division Bench of this Court in the case of Hexaware Technologies Ltd. V/S Assistant Commissioner of Income-tax, Circle 15(1)(2) [(2024) 162 taxmann.com 225 (Bombay)].

4.

On the other hand, the learned advocate appearing on behalf of the Revenue stated that though it is true that this issue is concluded by the decision in Hexaware Technologies Ltd (supra), the said decision has been challenged before the Hon’ble Supreme Court, and the Hon’ble Supreme Court is likely to take up the matter immediately on re-opening. He has fairly stated that there is no stay to the judgment in Hexaware Technologies Ltd (supra).

5.

Considering these facts, we do not propose to keep the matter pending in this Court. Once it is fully covered by the decision in Hexaware Technologies Ltd (supra) we are bound to follow it. JULY 22, 2025 Mansi shelke

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6.

We accordingly set aside the impugned Notice issued under Section 148 and all other proceedings/orders emanating therefrom.

7.

We however grant liberty to the Revenue to revive the above Writ Petition in the event the decision in Hexaware Technologies Ltd (supra) is set aside by the Hon’ble Supreme Court on this issue. We make it clear that it will not be necessary for the Revenue to file a separate Interim Application to seek a revival of this Petition and the same can be done simply by moving a Praecipe before this Court. It is needless to clarify that if the Hon’ble Supreme Court dismisses the SLP challenging the decision in Hexaware Technologies Ltd (Supra), there would be no question of any revival.

8.

We also make it clear that once the Petition is revived and restored, the same would have to be decided on its own merits considering that several other issues are also raised challenging the Notice issued under Section 148. 9. Rule is accordingly made absolute and the Writ Petition is also disposed of in terms thereof. However, there shall be no order as to costs. JULY 22, 2025 Mansi shelke

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10.

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.] JULY 22, 2025 Mansi shelke

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