SAI KIRAN CLEARING CO.PVT.LTD. vs THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE -2 (3)(1) AND 3 ORS.

Judgment text excerpt

27. WP 4310-2022 (J).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 4310 OF 2022 Sai Kiran Clearing Co. Pvt. Ltd. .Petitioner having its address at 202, 2nd Floor, Ratan Galaxie, Plot No. 1, J. N. Road, Mulund (West), Mumbai – 400 080. Vs. 1. The Deputy Commissioner of Income Tax, .Respondents Circle – 2(3)(1), 552, 5th Floor, Aayakar Bhavan, M. K. Road, Mumbai – 400 20. 2. The Additional/Joint/Deputy/Assistant Commissioner of Income-tax/Income Tax Officer, National Faceless Assessment Centre, Delhi. 3. The Additional Commissioner of Income-tax, Range 2(3), Aayakar Bhavan, M. K. Road, Mumbai – 400 020. 4. Union of India through the Secretary, Department of Revenue, Ministry of Finance, Government of India, North Block, New Delhi – 110 001. Mr. Fenil Bhatt i/b. Mint and Confreres, Advocate, for the Petitioner Mr. N. C. Mohanty, Advocate, for the Respondents Anand 1 of 5 27. WP 4310-2022 (J).doc CORAM : M. S. SONAK & JITENDRA JAIN, JJ. DATE: 21.04.2025 ORAL JUDGMENT (PER: M. S. SONAK, J.) 1. Heard learned Counsel for the parties. 2. Rule. The rule is made returnable forthwith. By consent, the Petition is taken up for final hearing. 3. The Petitioner challenges the impugned reassessment Order dated 30.03.2022. Learned Counsel fairly states that an Appeal is already instituted against the impugned re-assessment Order dated 30.03.2022 after disclosing that this Petition has been filed and offering to withdraw such Appeal depending on the outcome of this Petition. 4. Mr. Bhat learned Counsel for the Petitioner submits that this is a case of gross and apparent violation of principles of natural justice, and that is why this Court may consider entertaining this Petition even though the Petitioner has already invoked the alte