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of <h1>Tax Assessment Reopening Upheld: Section 148A(d) Order Validated Despite Procedural Challenges, Interim Relief Denied</h1> <h3>Tomorrow Techonologies Global Innovation Ltd. Versus Assistant Commissioner of Income Tax Circle 5 (1) (1), Mumbai & Ors.</h3> Tomorrow Techonologies Global Innovation Ltd. Versus Assistant Commissioner of Income Tax Circle 5 (1) (1), Mumbai & Ors. - TMI The Bombay High Court, in an order dated 30 June 2023 under Section 148A(d) of the Income Tax Act, addressed the reopening of the petitioner's assessment for AYs 2015-16, 2016-17, and 2018-19. The Court noted reliance on a coordinate bench decision in J D Printers Pvt Ltd v. ITO (Writ Petition No.12187 of 2024) and issued Rule in the petition, with service waived by respondents.The Court granted liberty to apply after the Supreme Court's orders or final decision on the challenge to the High Court's ruling in Hexaware Technologies Ltd v. ACIT & Ors. (2024) 464 ITR 43, which is pending before the Apex Court.Crucially, the Court declined interim relief citing delay in approaching the Court post the Section 148A(d) order and the petitioner's prior response to a show cause notice under Section 148A(b). It emphasized that 'once an order under Section 148A(d) has already been passed deciding the objection raised, it is not permissible for the petitioner to keep on raising the objection.' The Court was 'not satisfied with the urgency' and allowed the assessment proceedings to continue, rejecting interim relief.The matter is listed for further orders on 7 April 2025.
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