CRYSTAL PRIDE DEVELOPERS vs THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 22(1) MUM. AND 2 ORS.

Judgment text excerpt

WP (L) NO. 12546 OF 2022.DOC - IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 12546 OF 2022 Crystal Pride Developers A Partnership Firm registered under the Indian Partnership Act, 1932 and having its office at 403-A, Dalamal Chambers, 29 New Marine Lines, Mumbai – 400 020 PAN No.: AAGFCT5051R … Petitioner Versus 1. The Assistant Commissioner of Income Tax Circle - 22(1), Mumbai R. No.322, 3rd floor, Piramal Chamber, Lal Baug, Parel, Mumbai – 400 012. 2. The National Faceless Assessment Centre, E Ramp. Jawaharlal Nehru Stadium, Delhi 110 003. 3. The Union of India, Through the Secretary, Department of Revenue Ministry of Revenue Ministry of Finance North Block, New Delhi – 110 001. … Respondents Mr. Rahul Hakani a/w Mr. Akash Singh, for the Petitioner. Mr. Akhileshwar Sharma, for the Respondents-State. _______________________ CORAM: G. S. KULKARNI & ADVAIT M. SETHNA, JJ. JUDGMENT RESERVED ON : 4 DECEMBER 2024 JUDGMENT PRONOUNCED ON : 27 FEBRUARY 2025 _______________________ Mayur Adane PA Page 1 of 29 WP (L) NO. 12546 OF 2022.DOC JUDGMENT (Per Advait M. Sethna, J.): 1. Rule, made returnable forthwith. Respondents waive service. Heard finally with the consent of the parties. A. Issue Before The Court:- 2. The pivotal issue for consideration is whether the assessment order dated 29 March 2022 (“impugned order” for short) read with the notice under Section 148 of the Income Tax Act, 1961 (“ IT Act” for short) dated 27 March 2021 (“impugned notice” for short), reopening the assessment of the petitioner under Section 147 read with Section 144B of the IT Act for the Assessment Year 2014-2015 (“A.Y. 2014-15” for short), are illegal, without jurisdiction, non-est as urged by the petitioner. 3. The substantive prayers in the