9911796707
TMI Blog2024 (8) TMI 1505X X X X Extracts X X X X X X X X Extracts X X X X ..... ased to issue an appropriate Writ, order or direction under Article 226 of the Constitution of India calling for all papers and records of the Petitioner's case leading to initiation of reassessment proceedings by Respondents and after going through the same and examining the validity, legality and propriety thereof quash, cancel and set aside the (i) Show Cause Notice dated 27.05.2022 issued u/s 148A(b) of the Act (Ex. F), (in) Order dated 16.07.2022 passed u/s 148A(d) of the Act (Ex. G), (iii) Notice dated 18.07.2022 issued u/s 148 of the Act (Ex. H), (v) Assessment Order dated 22.05.2023 passed u/s 147 r.w.s 144B (Ex. J), and (vi) all consequential Notices/Orders. b) that this Hon'ble Court may be pleased to issue a Writ of Pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... decision of this Court in Hexaware Technologies Limited Vs. Assistant Commissioner of Income Tax & Ors. as also the decision of the division Bench in Siemens Financial Services Pvt. Ltd. Vs. Deputy Commissioner of Income Tax, Circle 8 (2)(1), Mumbai & Ors.,("Siemens") in regard to the applicability of Section 151 of the provisions of the Act as the sanction has not been granted by the appropriate authority as specified under the said provisions. 5. However, Mr. Walve has fairly submitted that the petitioner has come before the Court after the petitioner had already filed an appeal against the impugned assessment order, as also the petitioner has filed a Review Application before the Principal Chief Commissioner under Section 264 of the Inc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessment order as also the notices issued to the petitioner prior thereto under Section 148A and under Section 148 are contrary to the substantive provisions of Section 151A and Section 151 of the Act, as interpreted by this Court in Hexaware and Siemens (supra), the Appellate Authority as also the Revisionary Authority being bound by the said decisions of the jurisdictional High Court, need to consider such legal position. Thus, the petitioner is not precluded from raising all such contentions, as raised before us in the present proceedings, before the said authority. 8. Accordingly, we are of the opinion that the proceedings which are pending before the CIT(A) as also the Revisionary proceedings, be decided considering the contenti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it is illegal and contrary to the law laid down by this Court in Hexaware and Siemens (supra), the same ought not to be given effect, till the appellate proceedings and revisionary proceedings are decided. In the aforesaid circumstances, we dispose of this petition by the following order: ORDER i) The petitioner shall pursue the proceedings before the CIT(A) against the impugned assessment order as also the proceedings before the Revisionary Authority. It is open to the petitioner to raise contentions in regard to the illegality of the notice issued to the petitioner under Section 148, in the light of the decisions of this Court in Hexaware and Siemens (supra). ii) Till the proceeding before the Appellate Authority or Revisionary Autho ..... X X X X Extracts X X X X X X X X Extracts X X X X
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