Classic Legends Private Limited vs Assessment Unit, National Faceless Assessment Centre

Judgment text excerpt

11.wpl.14748.24.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 14748 OF 2025 Classic Legends Pvt Ltd .. Petitioner Versus Assessment Unit & Ors .. Respondents Mr.Jehangir D. Mistry, Senior Advocate, with Mr. Devendra jain, Shashank Mehta i/b Kashyap Chothani, Advocates for the Petitioner. Mr.Akhileshwar Sharma, Advocates for the Respondent. CORAM: B. P. COLABAWALLA & ANJALI by Digitally signed ANJALI TUSHAR TUSHAR ASWALE Date: 2025.09.16 ASWALE 11:40:53 +0530 AMIT S. JAMSANDEKAR, JJ. DATE: SEPTEMBER 9, 2025 ORAL JUDGMENT (Per B. P. Colabawalla, J.) 1. Rule. Respondents waive service. With the consent of the parties, Rule made returnable forthwith and heard finally. 2. The above Writ Petition is filed seeking to quash and set aside the impugned Draft Assessment Order dated 8 th March 2025 passed under Section 144C and the Final Assessment Order dated 7 th April 2025 passed Page 1 of 11 SEPTEMBER 9, 2025 Aswale 11.wpl.14748.24.doc under Section 143 (3) read with Section 144C and Section 144B of the Income Tax Act, 1961 (“for short “I. T. Act”). Consequently, the Demand Notice issued under Section 156 as well as the Show Cause Notice issued for imposing penalty under Section 270A and Section 271AAC are also impugned. 3. The short ground on which all these orders and notices are impugned is that the Assessing Officer has wrongly invoked the provisions of Section 144C which relate to a reference to the Dispute Resolution Panel. According to the Petitioner, in the facts of the present case, initially the Assessing Officer had made a reference to the Transfer Pricing Officer (“TPO”) under Section 92CA of the I. T. Act. Pursuant to this reference, the TPO issued notices to the Petitioner and thereafter passed an order un