CHENNAI CONTAINER TERMINAL PVT. LTD. vs ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-2(1)(1), MUMBAI AND 4 ORS.

Judgment text excerpt

wp2959-22.doc Digitally signed by TRUSHA IN THE HIGH COURT OF JUDICATURE AT BOMBAY TRUSHA TUSHAR TUSHAR MOHITE MOHITE Date: 2026.06.16 15:45:50 ORDINARY ORIGINAL CIVIL JURISDICTION +0530 WRIT PETITION NO.2959 OF 2022 Chennai Container Terminal Pvt.Ltd. .. Petitioner Versus Assistant Commissioner of Income-tax, Circle-2(1)(1), Mumbai & Ors. .. Respondents Mr.Nitesh Joshi, Advocates for the Petitioner. Ms.Samiksha Kanani, Advocate for the Respondents. CORAM: B. P. COLABAWALLA & FIRDOSH P. POONIWALLA, JJ. RESERVED ON: JUNE 8, 2026 PRONOUNCED ON : JUNE 16, 2026 ORAL JUDGEMENT (PER FIRDOSH P. POONIWALLA, J.) 1. Rule. Rule made returnable forthwith and heard finally by consent of the parties. 2. This Writ Petition challenges the Notice dated 26 th March 2021 issued under Section 148 of the Income Tax Act, 1961 ("the I.T. Act"), the impugned Order dated 14th February 2022 and the impugned Show Cause Page 1 of 22 JUNE 16, 2026 Mohite wp2959-22.doc Notice dated 15th March 2022 along with the Draft Assessment Order. FACTS 3. The present Petition is concerned with the Assessment Year (A.Y.) 2014-15. 4. The Petitioner was incorporated as a company on 12 th September 2000 as a consortium of four different shareholders, being P & O Ports (Chennai) Limited, Mauritius, Jakari Express Pvt. Ltd., India, Meherji Cashinath Ltd., Mauritius and Chettinad Logistics Pvt. Ltd., India. In this regard, the said parties had executed a Memorandum of Understanding on 21st June 2000. A Letter of Acceptance had been issued by the Ministry of Surface Transport declaring their bid, to develop and manage the Chennai Container Terminal in accordance with the Major Port Trusts Act, 1963 and Guidelines issued there under, to be successful. The Petitioner had received Certificate for Commencement of Business