RAJAN PRADEEPKUMAR DUBEY - AY 2015-16 vs. INCOME TAX OFFICER WARD 3-2, KALYAN
What did the High Court hold?
The High Court found substantial merit in the revenue's contention that the petitioner should pursue the alternate statutory remedies already availed. The Court held that once an assessee has filed a substantive appeal and initiated review proceedings, and these proceedings are pending, the High Court should not entertain a writ petition to adjudicate issues that can be decided by the appellate or revisional authorities. These authorities are bound by the jurisdictional High Court's decisions in Hexaware and Siemens and must consider the petitioner's contentions regarding the illegality of the notice and assessment order in light of those decisions. Therefore, the Court was not persuaded to entertain the writ petition. However, recognizing the petitioner's prima facie correctness that the impugned order and notice might be illegal as per the High Court's precedents, the Court ordered that the impugned assessment order shall remain stayed until the proceedings before the CIT(A) or the Revisionary Authority are decided. All contentions of the petitioner on the pending proceedings were expressly kept open. The petition was disposed of in these terms.
What were the facts?
The petitioner, Rajan Pradeepkumar Dubey, filed a writ petition before the Bombay High Court challenging a show cause notice, an order under Section 148A(d), a notice under Section 148, and an assessment order passed under Section 147 read with Section 144B of the Income Tax Act, 1961. The petitioner also challenged an instruction dated 11.05.2022. The petitioner argued that the impugned orders were covered by the High Court's decisions in Hexaware Technologies Limited and Siemens Financial Services Pvt. Ltd., concerning the applicability of Section 151 of the Act, as sanction was allegedly not granted by the appropriate authority. However, the petitioner had already filed an appeal before the CIT(A) and a review application under Section 264 before the Principal Chief Commissioner, both of which were pending. The revenue contended that the petitioner had availed of alternate statutory remedies and should pursue them, as the appellate and revisional authorities would be bound by the High Court's decisions in Hexaware and Siemens.
What were the issues?
1. Whether the High Court should entertain a writ petition challenging an assessment order and related notices when the assessee has already availed of alternate statutory remedies by filing an appeal before the CIT(A) and a review application before the Principal Chief Commissioner, and these proceedings are pending? Assessee's Contentions: - The impugned assessment order and notice under Section 148 are covered by the High Court's decisions in Hexaware Technologies Limited and Siemens Financial Services Pvt. Ltd., specifically regarding the applicability of Section 151 of the Act, as the sanction was not granted by the appropriate authority. - The present petition has been filed despite the pending appeal and revision proceedings, relying on the jurisdictional High Court's decisions. Revenue's Contentions: - The petitioner has availed of alternate remedies (appeal and review) prior to the High Court's decisions in Hexaware and Siemens. - It would be appropriate for the petitioner to pursue the statutory remedies already availed, rather than invoking the extraordinary jurisdiction of the High Court under Article 226. - The Appellate Authority and Revisional Authority are bound by the High Court's decisions in Hexaware and Siemens and will consider these legal positions in the pending proceedings.
Which sections of the Income-tax Act were involved?
Section 148A,Section 148,Section 147,Section 144B,Section 151,Section 264
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
i) The petitioner shall pursue the proceedings before the CIT(A) against the impugned assessment order as also the proceedings before the Revisionary Authority. It is open to the petitioner to raise contentions in regard to the illegality of the notice issued to the petitioner under Section 148, in the light of the decisions of this Court in Hexaware and Siemens (supra). ii)Till the proceeding before the Appellate Authority or Revisionary Authority are decided, the impugned assessment order shall remain stayed. iii) All contentions of the petitioner on the pending proceedings are expressly kept open.
Disposed of in the above terms. No costs. 12 August 2024 Kiran Kawre
919-WP-11167-2024.DOC (SOMASEKHAR SUNDARESAN, J.) (G. S. KULKARNI , J.) 12 August 2024 Kiran Kawre
More judgments on Section 148A
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- Nitinbhai Nanalal Badani, Rajkot vs CIT (Appeals), National Faceless Appeal…ITA 658/RJT/2025[2020-21]Status: Disposed19 Oct 2026AY 2020-21
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