Mon Mohan Kohli Vs ACIT and Anr (Delhi High Court)
1. Allowed, subject to just exceptions.
W.P.(C) 6176/2021 and CM APPL. 19569/2021 [Application on behalf of petitioner, under Section 151 of the Code of Civil Procedure, 1908,seekingstay on operation of notice dated 07.06.2021]
2. Via this writ petition, challenge is laid to the notice dated 07.06.2021 issued by respondent no. 1 under Section 148 of the Income Tax Act, 1961 (in short “the Act”), for initiation of reassessment proceedings.
3.The impugned notice concerns Assessment Year (“AY”) 2003–2004.
4. Ms. Kavita Jha, learned counsel who appears on behalf of the petitioner, says that the issue, which is raised in the instant petition, is also pending consideration before the Bombay High Court. For this purpose, our attention has been drawn to Annexure–B appended on page 74 of the paper book.
5. Briefly, the issue concerns the applicability of the newly inserted provisions of Section 148A and the amendments brought inter alia in Section 149 of the Act.
6. According to the petitioner, the proceedings should conform to the amended provisions.
7. We may note that somewhat similar issues have also arisen before this court, in other petitions, as well.
8. Given the fact that the department is contesting the very same issue in the Bombay High Court as well, wherein, an interim stay has been granted qua the proceedings before that Court, in the fitness of things, in our view, a similar direction needs to be issued in this matter, especially having regard to the fact that the matter pertains to AY 2003–2004.
9. Accordingly, issue notice.
10. Mr. Puneet Rai, learned senior standing counsel, accepts notice on behalf of the respondents/revenue.
11. Counter–affidavit will be filed within three weeks. Rejoinder thereto, if any, will be filed before the next date of hearing.
12. In the meanwhile, there shall be a stay on the operation of the impugned notice dated 07.06.2021.
13. List the matter on 15.09.2021.
