2023 (1) TMI 1175

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....RAJIV SHAKDHER, J. (ORAL): 1. Issue notice. 1.1 Mr Sunil Agarwal accepts notice on behalf of the respondent/revenue. 2. Mr Agarwal says, that in view of the directions that we intend to pass, no counter-affidavit is required to be filed at this stage. 3. Therefore, with the consent of learned counsel for the parties, the writ petition is taken up for hearing and final disposal at this stage itself. 4. This writ petition is directed against the order dated 28.07.2022 passed under Section 148A(d) of the Income Tax Act, 1961 [in short "Act" and the consequent notice of even date i.e., 28.07.2022 issued under Section 148 of the Act. 5. Mr Porus Kaka, learned senior counsel, who appears on behalf of the petitioner, says that th....

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....estle SA v. Assistant Commissioner of Income Tax (International Taxation), Circle-2(2)(2), New Delhi. 10. Mr Agarwal, on the other hand, says that this is a case where the petitioner chose not to file a return, and therefore in terms of Explanation 2 to Section 147 of the Act, the factum of non-filing of return would by force of law result in deeming escapement of income. 10.1 However, Mr Agarwal has also, fairly, pointed out that the requirement for filing a return of income, which is set forth in Section 139 of the Act, has to be read in the case of the petitioner along with Section 115A of the Act being a non-resident company. 10.2 We may also point out, that in rejoinder, Mr Kaka has stated that neither the provisions of Sectio....