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[Cites 2, Cited by 3]

Bombay High Court

Chhagan Chandrakant Bhujbal vs Income Tax Officer Ward 20(1)(3) And Anr on 19 December, 2019

Author: M. S. Karnik

Bench: Nitin Jamdar, M. S. Karnik

                                                                            914 wp 3597-19.doc

Urmila Ingale        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          ORDINARY ORIGINAL CIVIL JURISDICTION
                                WRIT PETITION NO. 3597 OF 2019

                Chhagan Chandrakant Bhujbal                              ... Petitioner
                     Vs.
                Income Tax Officer Ward 20(1)(3) and Ors.                ... Respondents


                Mr.K.Gopal a/w Mr.Tanmay Phadke i/b Mr.Satendra Kumar Pandey,
                for Petitioner.
                Mr.Sham Walve a/w Mr.Pritish Chatterjee, for Respondents No.1 & 2.


                                                CORAM : NITIN JAMDAR &
                                                        M. S. KARNIK, JJ.
                                                DATE       : 19 DECEMBER, 2019.

                P. C. :
                .           By this Petition, the Petitioner challenges the notice issued

under section 148 of the Income Tax Act, 1961 dated 31/03/2019 seeking reopening the assessment for the year 2012-13. The main ground raised in this Petition is lack of jurisdiction on the part of the Assessing Officer.

2. Learned Counsel for the Respondents submits that even though the initial assessment was under section 143(1) of the Act, he will still require time to take instructions and file reply, if necessary. In these circumstances, we direct that there shall be ad-interim stay to the ad-interim notice till the next date.

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914 wp 3597-19.doc

3. Stand over to 25 February 2020.

[M. S. KARNIK, J.] [NITIN JAMDAR, J.] Digitally signed by Urmila Urmila P. Ingle P. Date:

2019.12.21 Ingle 11:23:19 +0530 2/2