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2024 (1) TMI 864

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..... BOMBAY HIGH COURT - TMI
BOMBAY HIGH COURT - HC
Dated:- 13-12-2023
WRIT PETITION NO. 7373 OF 2023 - -
Income Tax
SMT. ANUJA PRABHUDESSAI, AND MRS. VRUSHALI V. JOSHI, JJ. For the Petitioner : Mr. Kapil A. Hirani, Advocate. For the Respondent nos. 1 to 7 : Mr. Anand Parchure, Advocate. P.C. 1. In this petition, which relates to assessment year 2016-17 the petitioner has raised a .....

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..... r the Act. Learned counsel for the petitioner submits that the case is fully covered by the decisions of this Court at Principle Seat in Writ Petition No. 4888 of 2022 [Siemens Financial Services Pvt. Ltd. .vs. Deputy Commissioner of Income Tax and others], decided on 25.08.2023 and in Writ Petition No. 5102/2022 [Crompton Greaves Consumer Electrical Ltd. .vs. Assistant Commissioner of Income Tax .....

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..... issue of alternative remedy, the coordinate Bench of this Court in Arvind Sahdeo Gupta vs. Income Tax Officer, Ward-1 and Ors. (W.P. No.4793 of 2021) has observed that if a jurisdictional issue is raised and the controversy is purely a legal one which does not involve any disputed question of fact, then the writ petition does not deserve to be thrown out threshold. The decision of the Apex Court .....

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..... ion 151(i) of the Act. Relying upon the said decision in Crompton Greaves Consumer Electrical Ltd. (Supra) which related to the assessment year 2016-17, the Division Bench of this Court has quashed order under Section 148 A (d) as well as notice under Section 148 of the IT Act, since the authority which sanctioned issuance of order under Section 148 A (d) was the one under Section 151(i) and not u .....

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