2019 (12) TMI 1542

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he Petitioner(s) No. 1 for the Respondent(s) No. 1 ORDER (PER : HONOURABLE MS.JUSTICE HARSHA DEVANI) 1. By these petitions, the petitioners have challenged the notices issued under section 148 of the Income Tax Act, 1961 (hereinafter referred to as "the Act"), the order rejecting the objections filed by the petitioners against the reasons recorded as well as the assessment orders passe....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....d out that in support of such submission, reliance had been placed upon the decision of the Bombay High Court in the case of DHFL Venture Capital Fund v. Income Tax Officer and others, [2013] 358 ITR 471 (Bom), wherein the court has held that the formation of the reason to believe and the existence of that reason must be in the present. Recourse can be taken to the provisions of section 148 of the....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....n unreported decision of this court in the case of Messrs Vadilal Gases Ltd. v. Union of India and others rendered on 24.09.2015 in Special Civil Application No.10713 of 2015, wherein the court has placed reliance upon the decision of the Supreme Court in the case of Kranti Associates Private Ltd. v. Masood Ahmed Khan, [2010] 9 SCC 493, for the proposition that reasons have virtually become as ind....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....of an Act is challenged. 5. It was submitted that the present case satisfies two of the contingencies laid down in the above decision, namely, that the impugned orders are passed in violation of the principles of natural justice and that the proceedings under section 148 of the Act were wholly without jurisdiction. It was submitted that therefore, these petitions under Article 226 of the Consti....