LOKMANGAL SUGAR ETHANOL AND CO-GENRATION INDUSTRIES LIMITED vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 1 SLAPUR AND ORS

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WP/11253/2022HC BombayHCBM01034928202227 March 2024Author: HON'BLE SHRI JUSTICE K.R. SHRIRAM,HON'BLE JUSTICE DR. NEELA KEDAR GOKHALE2 pages
AI SummaryRemanded

What did the High Court hold?

The High Court held that the petition would be covered by the judgment in New India Assurance Co. Ltd. V/s Assistant Commissioner of Income Tax, Circle 3(2)(1), Mumbai & Ors. Consequently, the impugned order dated 29th July 2022 passed under Section 148A(d) of the Income Tax Act, 1961, and the notice dated 29th July 2022 issued under Section 148 of the Act were quashed and set aside. Consequential notices or orders, if any, were also quashed and set aside. The court also kept open all other rights and contentions raised in the petition. The principle derived is that if a case is squarely covered by a precedent, the authorities should act in accordance with that precedent, and the court will quash proceedings that do not adhere to it.

What were the facts?

The petitioner, Lokmangal Sugar Ethenol And Co-Generation Industries Limited, filed a writ petition before the Bombay High Court challenging an order dated 29th July 2022 passed under Section 148A(d) of the Income Tax Act, 1961, and a notice dated 29th July 2022 issued under Section 148 of the Act. The respondents were the Deputy Commissioner of Income Tax, Circle 1, Solapur, and others. The petitioner's counsel stated that the petition would be covered by a previous judgment, and the revenue's counsel agreed. No specific assessment year or amount in dispute was mentioned.

What were the issues?

1. Whether the impugned order dated 29th July 2022 passed under Section 148A(d) of the Income Tax Act, 1961, and the notice dated 29th July 2022 issued under Section 148 of the Act are valid. Assessee's contention: The petitioner argued that the present case is covered by the judgment in New India Assurance Co. Ltd. V/s Assistant Commissioner of Income Tax, Circle 3(2)(1), Mumbai & Ors. (2024 SCC Online Bom 146). Revenue's contention: The revenue's counsel agreed that the petition would be covered by the aforementioned judgment.

Which sections of the Income-tax Act were involved?

Section 148A,Section 148

AI-generated summary — verify with the full judgment below

1/2 914-WP-11253-2022.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11253 OF 2022 Lokmangal Sugar Ethenol And Co-Generation Industries Limited ….Petitioner V/s. Deputy Commissioner of Income Tax, Circle 1, Solapur and Ors. .…Respondents ---- Mr. Ruturaj Gurjar for Petitioner. Mr. Suresh Kumar for Respondents – Revenue. ---- CORAM : K.R. SHRIRAM & DR. NEELA GOKHALE, JJ.

DATED : 27th MARCH 2024 P.C. :

1.

Mr. Gurjar states that this petition will be covered by the judgment of New India Assurance Co. Ltd. V/s Assistant Commissioner of Income Tax, Circle 3(2)(1), Mumbai & Ors.

1.

Mr. Suresh Kumar agrees.

2.

Therefore, impugned order dated 29th July 2022 passed under Section 148A(d) of the Income Tax Act, 1961 (the Act) and the notice dated 29th July 2022 issued under Section 148 of the Act are hereby quashed and set aside.

3.

Petition disposed. 4 Consequential notices or orders, if any, also stand quashed and set aside. 1. 2024 SCC Online Bom 146 Gauri Gaekwad PURTI PRASAD PARAB PURTI PRASAD PARAB Date: 2024.04.02 10:56:15 +0530

2/2 914-WP-11253-2022.doc 5 All other rights and contentions which have been raised in the petition are also kept open. (DR. NEELA GOKHALE, J.) (K.R. SHRIRAM, J.) Gauri Gaekwad

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