Impugned Income Tax Notice Declared Jurisdictionally Invalid Leading to Writ Petition Disposal

The High Court declared the impugned notice under Section 148A(b) of the Income Tax Act and all subsequent proceedings for the assessment year 2016-2017 as without jurisdiction and legally unsustainable. The Court emphasized that all legal consequences would automatically follow from this declaration, leading to the disposal of the writ petition WPA 4119 of 2023.

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Issues involved: Challenge to notice under Section 148A(b) of the Income Tax Act and subsequent proceedings based on lack of jurisdiction post NCLT approval.

Summary:

The petitioner challenged the impugned notice under Section 148A(b) of the Income Tax Act and all subsequent proceedings for the assessment year 2016-2017, contending that they were without jurisdiction after the NCLT approval by its order dated 1st June, 2022, which was an admitted position. The respondent, represented by Ms. Das De, did not contest this factual and legal position. The petitioner relied on various judicial decisions, including those of the Hon'ble Supreme Court and different High Courts, to support their contention.

The High Court, after considering the submissions and the mentioned judicial precedents, held that the impugned notice under Section 148A(b) of the Income Tax Act dated 1st June, 2022, and all subsequent proceedings were without jurisdiction and not legally sustainable. Consequently, the Court declared that all legal consequences would automatically ensue from this declaration. The writ petition, numbered WPA 4119 of 2023, was disposed of with this observation and direction.

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