2025 (8) TMI 1706

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....hu Gaur and Mr. Nischay Purohit, Advs. ORDER 1. This petition at Item No. 4, has been filed by the petitioner with the following prayers: "a) Writ in the nature of mandamus/certiorari and/or any other appropriate writ, order or direction quashing and setting aside the impugned notice dated 12.06.2025 (Annexure P-1) issued under section 148 of the Income Tax Act 1961 for AY 2019-20 and no. 1 wholly without jurisdiction in view of various judgements of the Hon'ble High Court and further because the Hon'ble Supreme Court of India is seized of the matter. b) Further, issue writ in the nature of mandamus and/ or any other appropriate writ order or direction staying the operation of the impugned notice dated 12.06.2025 (Annexure P-....

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....ng effect to and/or taking any step whatsoever pursuant to and/or in furtherance of the said purported notice under Section 148 of the Act and/or in any proceedings initiated thereunder for the AY 2019-20, and grant stay on the reassessment proceedings; c) Issue any other Writ, order, or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. d) To dispense with from filing certified copies of Annexures. e) To allow the writ petition with cost in favor of the Petitioner and against the Respondents." 3. Both the petitions have identical issues and the challenge has been made to notices issued on 12.06.2025 and 27.03.2025 under Section 148 & under Section 148A(1) of the Income Tax Act, ....

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....oners that the SLP filed by the Revenue against the judgment of the High Court of Bombay by following Hexaware (supra) has been dismissed by the Supreme Court. 8. On the other hand, the learned counsel appearing for the Revenue submits that it is true that the appeals are pending considerations before the Supreme Court but the interim order granted by the Supreme Court is only to the extent that the proceedings may take place but any order adverse to the assessee, shall not be given effect to. 9. In other words, it is their submission that the judgment of this Court in TKS Builders Pvt. Ltd.(supra) has not been stayed and hence need to be followed. In fact, our attention has been drawn to the order passed by this Court in similar Writ Pet....

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.... Petitioner. 3. It is the Petitioners' contention that this issue is squarely covered by a decision of a Division Bench of this Court in the case of Hexaware Technologies Ltd. V/S Assistant Commissioner of Income-tax, Circle 15(1)(2) [(2024) 162 taxmann.com 225 (Bombay)]. 4. On the other hand, the learned advocate appearing on behalf of the Revenue stated that though it is true that this issue is concluded by the decision in Hexaware Technologies Ltd (supra), the said decision has been challenged before the Hon'ble Supreme Court, and the Hon'ble Supreme Court is likely to take up the matter shortly. He has fairly stated that there is no stay to the judgment in Hexaware Technologies Ltd (supra). 5. Considering these facts, we do not....