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2016 (4) TMI 744 - BOMBAY HIGH COURT

2016 (4) TMI 744 - BOMBAY HIGH COURT - TMI - Withdrawal of application for Advance ruling - Held that:- Since the Authority for Advance Rulings (Income Tax), New Delhi, on 23-2-2016, in its proceedings has clarified that they did not see any reason in not permitting the withdrawal of the application filed by the petitioner, the hearing of the application filed by the Revenue and objecting to the course adopted by the petitioner also being kept pending, the petitioner's application, which is allo .....

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accordance with law and as expeditiously as possible. - Writ Petition No. 656 of 2016 - Dated:- 12-4-2016 - S. C. Dharmadhikari And G. S. Kulkarni, JJ. For the Petitioner : Mr. Percy Pardiwalla, Senior Counsel with Mr. Rajesh Simhan, Mr. Ashish Sodhani and Mr. Meyyappan Neggappan i/by M/s. Nishith Desai For the Respondent : Mr. Charanjeet Chanderpal with Mr. Milind Borkar ORDER P. C. 1. This writ petition under Article 226 of the Constitution of India challenges a show cause notice dated 24-2-20 .....

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Advance Rulings ("AAR"). The Authority, during the pendency of the application, framed certain questions and Mr. Pardiwalla invites our attention to the questions that are framed and set out in para 15, page 7, 8 and 9 of the petition. According to Mr. Pardiwalla, the next hearing was scheduled on 9-3-2016. The petitioner provided all the details of the transaction and eventually when the matter was placed before this Authority, the hearings which went on over a period of five years an .....

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he petitioner, therefore, sought permission to withdraw that application with a view to file a revised one. The withdrawal request is contained in a letter dated 22-2-2016. In the interregnum period the petitioner also sought a stay on initiation of any fresh assessment proceedings by the Department. Though the application was allowed to be withdrawn by the AAR, what the petitioner was shocked and surprised to receive is a show cause notice and which is impugned in the present petition. 4. The a .....

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hould not have rushed and issued a show cause notice. Secondly, the show cause notice is ex facie without jurisdiction because that is issued without compliance with the Circular dated 28-8-2014. Rather, it is an order under Section 119 of the Income Tax Act. For these reasons, it is submitted that the writ petition is maintainable. 6. In opposing this writ petition, Mr. Chanderpal, learned Advocate appearing for respondent No.2, submits that the petition is directed against a show cause notice .....

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d provides for it in its arrangement with foreign companies. Even that arrangement has been doubted by the Revenue. Once the retrospective operation of the enactment permits the Revenue to take action, then the show cause notice is justified. As far as compliance with the Board's Circular is concerned, the Assessing Officer will take steps and he has requested for an ex post facto approval from the Board. All this would enable the authorities to proceed in accordance with law. Mr. Chanderpal .....

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uthority for Advance Rulings (Income Tax), New Delhi. 9. After having heard both sides, we are of the view that this Court need not decide any larger controversy or wider question, leave alone the merits of the case. We are of the opinion that in the peculiar facts it would not be necessary to decide, whether a show cause notice could have been issued and without the approval of the Board in terms of its Circular and mere issuance of that show cause notice, therefore, would mean violation of the .....

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