NAYAN CO OP HOUSING SOCIETY vs. INCOME TAX OFFICER WARD 28 1 1 MUMBAI AND 2 ORS
What did the High Court hold?
The High Court noted that the petitioner had already filed an appeal against the impugned assessment order. Citing its previous decisions in Rajan Pradeepkumar Dubey vs. Income Tax Officer and Astra Exim Pvt. Ltd. vs. The Income Tax Officer, the Court held that it would be appropriate for the petitioner to pursue the pending appeal. The Court permitted the petitioner to raise contentions before the appellate authority regarding the impugned notices and order being untenable in light of the decision in Hexaware Technologies Limited vs. Assistant Commissioner of Income Tax. The petitioner was also allowed to file an application before the appellate authority for expeditious disposal of the appeal in view of the Hexaware Technologies Limited decision. The Court directed that the impugned assessment shall not be acted upon until the proceedings before the appellate forum are decided. All contentions of the parties on the pending proceedings were expressly kept open.
What were the facts?
The petitioner, Nayan Co. Op. Housing Society, filed a writ petition under Article 226 of the Constitution before the Bombay High Court. The petition sought to quash and set aside an initial notice dated March 19, 2022, an order dated April 6, 2022, a notice dated April 6, 2022, and an assessment order dated March 18, 2024, all issued by the Income Tax Officer, Ward 28(1)(1), Mumbai, and consequential notices. The petitioner also sought directions to prohibit the respondents from taking any steps pursuant to these impugned orders and notices. During the proceedings, it was conceded by the petitioner's counsel that an appeal challenging the assessment order had already been filed and was pending before the Commissioner of Income-tax (Appeals).
What were the issues?
1. Whether the High Court should entertain a writ petition challenging income tax notices and an assessment order when an appeal against the assessment order is already pending before the appellate authority, and if so, what directions should be issued? (Question of law and procedure) The petitioner argued for the quashing of the impugned notices and assessment order. The revenue did not present arguments on the merits of the case as recorded in the judgment. The court's decision was based on its previous rulings in similar cases where an appeal was already filed.
Which sections of the Income-tax Act were involved?
Article 226
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
“O R D E R i) The petitioner shall pursue its appeals already filed before the Commissioner of Income-tax (Appeals), against the 1 Writ Petition No. 11166 of 2024 dated 12 August, 2024. 2 Writ Petition (L) No.23065 of 2024 &Writ Petition (L) No. 24718 of 2024 dated 02.09.2024 3 (2024) 464 ITR 430 21 October 2024
904-WP 11702-24.DOC impugned assessment order. It is open to the petitioner to raise contentions on the impugned notice and the order having become untenable, in the light of the decision of this Court in Hexaware. ii) We also permit the petitioner to file an application before the appellate authority praying that the appeals be disposed of in view of the decision of this Court in Hexaware. If such an interim application is made, certainly the appellate authority shall expeditiously consider the petitioner’s application and all contentions raised thereon. iii) Until the proceedings before the appellate forum are decided, the impugned assessment shall not be acted upon. iv) All contentions of the parties on the pending proceedings are expressly kept open.”
As it is fairly conceded at the bar and considering the view taken by this Court in Rajan Pradeepkumar Dubey (supra) as also Astra Exim Pvt. Ltd. (supra), we dispose of this petition in terms of the following order: O R D E R (i) The petitioner shall pursue its appeal(s) already filed before the Commissioner of Income-tax (Appeals), against the impugned assessment order. It is open to the petitioner to raise contentions on the impugned notice and the order being invalid, in the light of the decision of this Court in Hexaware Technologies Limited (supra). ii) We also permit the petitioner to file an application before the appellate authority praying that the appeal be disposed of in view of the decision of this Court in Hexaware Technologies Limited (supra). If such an interim application is made, certainly the appellate authority shall expeditiously consider the petitioner’s application and all contentions raised thereon. 21 October 2024
904-WP 11702-24.DOC iii) Until the proceedings before the appellate forum are decided, the impugned assessment shall not be acted upon. iv) All contentions of the parties on the pending proceedings are expressly kept open. (FIRDOSH P. POONIWALLA, J.) (G. S. KULKARNI, J.) 21 October 2024
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