Bombay High Court
Trina Group Limited vs The Chairman The Central Board Of Direct ... on 24 September, 2025
Author: B. P. Colabawalla
Bench: B. P. Colabawalla
36.wp(l).30186.2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO.30186 OF 2025
Trina Group Limited .. Petitioner
Versus
The Chairman, the Central Board of
Direct Taxes & Ors. .. Respondents
Mr.Niraj Sheth a/w Gunjan Kakkad, Jitendra Singh i/b
UTKARSH Shivali Mhatre, Advocates for the Petitioner.
KAKASAHEB
BHALERAO
Digitally signed by
Mr.Subir Kumar a/w Niyanta Trivedi, Advocates for
UTKARSH KAKASAHEB
BHALERAO Respondents.
Date: 2025.09.29
11:11:26 +0530
CORAM : B. P. COLABAWALLA &
AMIT S. JAMSANDEKAR, JJ.
DATE : SEPTEMBER 24, 2025
P. C.
1. The above Writ Petition is filed challenging the impugned Notice dated 28th March 2025 issued under Section 148A(1) and the impugned Order dated 30th June 2025 passed under Section 148A(3) as well as the impugned Reassessment Notice dated 30 th June 2025. All these Notices and Order pertains to the A.Y.2019-20. Page 1 of 5
SEPTEMBER 24, 2025 Utkarsh ::: Uploaded on - 29/09/2025 ::: Downloaded on - 03/10/2025 23:12:00 :::
36.wp(l).30186.2025.doc
2. One of the grounds on which the above Notices are assailed is that the issue is squarely covered by the decision in the case of Hexaware Technologies Ltd V/S Assistant Commissioner of Income Tax, Circle 15(1)(2) [(2024) 162 taxmann.com 225 (Bombay)]. In other words, in the facts of the present case, the Jurisdictional Assessing Officer has issued the Notice under Section 148A(1), and passed the Order under Section 148A(3) dated 30 th June 2025, as well as issued the reassessment notice under Section 148 of the IT Act. All this could have been done only by the Faceless Assessing Officer as laid down in the judgment in the case of Hexaware Technologies Ltd (supra). On this ground alone, the said notices and the order have to be set aside, is the submission.
3. Apart from this, the other ground of challenge is that the Notice proceeds on the basis that the Petitioner is a non filer of the Income Tax Return. In this regard, the learned counsel for the Petitioner, submitted that the Petitioner is a U.K. based company and does not have any direct business operations in India and is not required to ordinarily file its Return of Income in India. The Petitioner had a 100% stake in a company called Destination Singapore Services Pte. Ltd, [for short the "Singapore Company"]. The shares of this Page 2 of 5 SEPTEMBER 24, 2025 Utkarsh ::: Uploaded on - 29/09/2025 ::: Downloaded on - 03/10/2025 23:12:00 :::
36.wp(l).30186.2025.doc Singapore Company were sold by the Petitioner to a Spanish Company called TUI Holding Spain. The Singapore Company [in which the Petitioner has a 100% stake], in turn, holds a 91% stake in a company called Le Passage to India Tours and Travel Private Limited, which is Indian Company. By virtue of the deeming fiction in Section 9(1)(i) of the Income Tax Act, 1961, this transfer ( i.e. sale of shares [of the Singapore Company] by the Petitioner to the Spanish Company), even though completely done outside India, resulted in an indirect transfer of shares of Le Passage to India Tours and Travel Private Limited, the Indian Company. On this transaction, according to the Petitioner, they suffered a long-term capital loss as well as a short-term capital loss. It is for this reason that the Petitioner sought to file its Return of Income in India, and for which it applied for a PAN. Because of the Covid-19 pandemic, allotment of the PAN took some time. Once the PAN was allotted, the Petitioner sought to file its Return of Income in India, but belatedly. Accordingly, the Petitioner made an Application under Section 119(2)(b) of the IT Act to the CBDT for condoning the delay. According to the Petitioner, the order passed on that Application [for condonation of delay] has not yet been communicated to the Petitioner. The Petitioner has come to know that the aforesaid Application has been rejected only on the basis of the statement made by the Assessing Page 3 of 5 SEPTEMBER 24, 2025 Utkarsh ::: Uploaded on - 29/09/2025 ::: Downloaded on - 03/10/2025 23:12:00 :::
36.wp(l).30186.2025.doc Officer in the notice issued under Section 148A(1) of the IT Act. In fact, the grievance of the Petitioner is that till date the said order, if any, has not been communicated to the Petitioner. According to the Petitioner therefore, the entire premise of opening the reassessment, on the basis that the Petitioner is a non filer, is wholly misconceived. These are, in a nutshell, the facts of the present Petition.
4. The learned advocate appearing on behalf of the Revenue seeks 2 weeks time to file an affidavit-in-reply to the above Writ Petition.
5. Acceding to his request, we direct that the affidavit-in-reply shall be filed on or before 8th October 2025 and a copy of the same shall be served on the advocates for the Petitioner.
6. In the said reply the Revenue shall also bring on record the order, if any, passed by the CBDT rejecting the Application filed by the Petitioner seeking a condonation of delay in filing their Return of Income under Section 139(1) of the IT Act.
Page 4 of 5
SEPTEMBER 24, 2025 Utkarsh ::: Uploaded on - 29/09/2025 ::: Downloaded on - 03/10/2025 23:12:00 :::
36.wp(l).30186.2025.doc
7. In the meanwhile, and without prejudice to the rights and contentions of all parties, we direct that there will be ad-interim relief in terms of prayer clause (d) which reads thus:-
"(d) pending the hearing and final disposal of this Petition, to restrain the Respondents from acting pursuant to, or in furtherance of, or to give effect to the impugned notice dated 28 March 2025 issued under section 148A(1) of the Act (Exhibit "B"), the impugned order dated 30 June 2025 passed under section 148A(3) of the Act (Exhibit "E") and the impugned reassessment notice dated 30 June 2025 issued under section 148 of the Act (Exhibit "F") pertaining to the AY 2019-20;"
8. Stand over to 13th October 2025.
9. This order will be digitally signed by the Private Secretary/Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order. [AMIT S. JAMSANDEKAR, J.] [B. P. COLABAWALLA, J.] Page 5 of 5 SEPTEMBER 24, 2025 Utkarsh ::: Uploaded on - 29/09/2025 ::: Downloaded on - 03/10/2025 23:12:00 :::