Bombay High Court
Hsbc Holdings Plc vs Deputy Commissioner Of Income-Tax-1 ... on 21 December, 2018
Bench: Akil Kureshi, M.S. Sanklecha
2. os wp 3624-18.doc
R.M. AMBERKAR
(Private Secretary)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
O.O.C.J.
WRIT PETITION NO. 3624 OF 2018
HSBC Holdings PLC .. Petitioner
Versus
Dy. Commissioner of Income Tax -1 & Ors. .. Respondents
...................
Mr. Jehangir Mistri, Senior Advocate a/w Mr. Nishant Thakkar, Ms.
Jasmin Amalsadvala i/by Mint & Confreres for the Petitioner
Mr. Suresh Kumar for the Respondents
...................
CORAM : AKIL KURESHI &
M.S. SANKLECHA, JJ.
DATE : DECEMBER 21, 2018.
P.C.:
1. The petitioner has challenged a notice of reopening of assessment which has been issued beyond the period of four years from the end of relevant assessment year. Previously, the assessing officer had passed order under Section 143(3) r/w Section 147 of the Income Tax Act, 1961.
2. Learned counsel for the petitioner submitted that in such scrutiny assessment, the ground on which the assessing officer wishes to reopen the assessment, was examined. There is no failure on the part of the assessee to 1 of 3 ::: Uploaded on - 22/12/2018 ::: Downloaded on - 25/12/2018 22:55:09 :::
2. os wp 3624-18.doc disclose truly and fully material facts. He further submitted that the impugned notice has been issued by the income tax officer at Hyderabad. However, such notice is served to the petitioner at Mumbai, a part of cause of action must be stated to have arisen within the jurisdiction of this High Court.
3. Learned counsel Mr. Suresh Kumar for the department strongly opposed this petition on the primary ground of territorial jurisdiction. He submitted that in terms of Section 269 of the Act, the appropriate High Court in the present case would be the High Court of Telangana and Andhra Pradesh. He further submitted that merely because the impugned notice is served to the petitioner at Mumbai, would not give jurisdiction to this Court to entertain this petition.
4. We would like to examine both the aspects namely the jurisdiction of this Court as well as legality of the impugned notice by the assessing officer. For such purpose, let the respondent file a reply. In particular, the reply would state under what circumstances, the income tax officer at 2 of 3 ::: Uploaded on - 22/12/2018 ::: Downloaded on - 25/12/2018 22:55:09 :::
2. os wp 3624-18.doc Hyderabad would have jurisdiction to assess the petitioner.
5. When it prima facie appears that the ground on which the notice for reassessment is based was subject to scrutiny during previous assessment and further when according to the petitioner, there was no failure on the part of the assessee to disclose truly and fully all material facts, we would stay the further assessment proceedings.
6. Under the circumstances, by way of ad-interim relief, impugned notice of reassessment is stayed.
7. S.O to 25th January, 2019.
8. Parties to act on authenticated copy of this order. [ M.S. SANKLECHA, J. ] [ AKIL KURESHI, J ] 3 of 3 ::: Uploaded on - 22/12/2018 ::: Downloaded on - 25/12/2018 22:55:09 :::