BHARAT PETROLEUM CORPORATION LIMITED vs ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 2(1)(1), MUMBAI AND 2 ORS.

Judgment text excerpt

12-1752-2022-WP-C-F-Jud=.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1752 OF 2022 Digitally WITH signed by UDAY UDAY SHIVAJI WRIT PETITION NO. 2966 OF 2022 SHIVAJI JAGTAP Date: JAGTAP 2025.07.03 13:31:38 +0530 Bharat Petroleum Corporation Ltd. 3rd Floor, Bharat Bhavan 4/6, Currimbhoy Road, Ballard Estate, Mumbai – 400 001 .. Petitioner Versus 1. Assistant Commissioner of Income Tax, Circle 2(1)(1), Mumbai, Room No. 561, 5th Floor, Aaykar Bhavan, M.K. Road, Mumbai – 400 020 2. Principal Commissioner of Income Tax, Mumbai-2, Mumbai, Room No. 344, 3rd Floor, Aaykar Bhavan, M.K. Road, Mumbai – 400 020 3. Additional / Joint / Deputy / Assistant Commissioner of Income-Tax, National Faceless Assessment Centre, Delhi. 4. Union of India, Through the Joint Secretary & Legal Adviser, Branch Secretariat, Department of Legal Affairs, Ministry of Law and Justice, 2nd Floor, Aayakar Bhavan, M.K. Marg, New Marine Lines, Mumbai – 400 020 .. Respondents Page 1 of 41 JULY 3, 2025 12-1752-2022-WP-C-F-Jud=.docx Mr. J.D. Mistri, Senior Advocate a/w Niraj Sheth, Ms. Gunjan Kakad i/b Atul K. Jasani, Advocates for the Petitioner. Mr. Akhileshwar Sharma, Advocate for the Respondents. CORAM: B. P. COLABAWALLA & FIRDOSH P. POONIWALLA, JJ. RESERVED ON : 19th JUNE, 2025. PRONOUNCED ON : 3rd JULY, 2025. JUDGMENT :- [ Per B.P. COLABAWALLA, J. ] 1. In both the above Writ Petitions the issue raised is whether the 1st Respondent had the power to reopen the assessment of the Petitioner [under Section 147] for AY 2013-14 and AY 2014-15 and issue notices under Section 148 of the Income Tax Act, 1961 (for short “IT Act”). 2. Writ Petition No. 1752 of 2022 challenges the legality and validity of the impugned Notice dated 23 rd March 2021 issued under S