ERANGAL COMTRADE AND CONSULTANCY LLP vs ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 2(1)(1) MUMBAI AND 3 ORS

Judgment text excerpt

46-WP-2033-22.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2033 OF 2022 Erangal Comtrade and Consultancy LLP (as successor in interest of Erangal Comtrade and Consultancy Private Limited) .. Petitioner Versus 1. Assistant Commissioner of Income Tax, Circle 2(1) (1), Mumbai, Room No.561, 5th Floor, Aayakar Bhavan, M. K. Road, Mumbai – 400 020 2. Joint Commissioner of Income Tax, Range 2(1), Mumbai, Aayakar Bhavan, Maharishi Karve Road, Mumbai – 400 020 3. National Faceless Assessment Centre, New Delhi .. Respondents Mr.P. J. Pardiwalla, Senior Advocate a/w Mr. Nitesh Joshi i/b. Mr. Atul K. Jasani, Advocates for the Petitioner. Mr. Abhishek R. Mishra, Advocates for the Respondents/Revenue. CORAM : B. P. COLABAWALLA & Digitally signed by MANUSHREE AMIT S. JAMSANDEKAR, JJ. MANUSHREE NESARIKAR DATE : NOVEMBER 3, 2025 NESARIKAR Date: 2025.11.10 13:37:06 +0530 Page 1 of 11 NOVEMBER 3, 2025 Nesarikar 46-WP-2033-22.docx ORAL JUDGMENT :- [ Per B. P. Colabawalla, J. ] 1. Rule. Respondents waive service. With the consent parties, Rule made returnable forthwith and heard finally. 2. The present Petition challenges the notice dated 30th March 2021 issued under section 148 of the Income Tax Act, 1961 [“IT Act”]. This notice was issued to a company called “Erangal Comtrade and Consultancy Private Limited” [hereinafter referred to as the “erstwhile company”], which ceased to exist with effect from 17th March 2016 after its conversion into the Petitioner LLP [Erangal Comtrade and Consultancy LLP]. The impugned notice issued under section 148 seeks to reassess the income of the erstwhile company for A. Y. 2017-18. After the issuance of the section 148 notice, a draft assessment order dated 29th March 2022, and a final assessment orde