Indian Express Commercial Ventures and Projects Pvt. Ltd. Vs ACIT (Bombay High Court)
The Bombay High Court allowed the writ petition and set aside a notice issued under Section 148 of the Income-tax Act, 1961 for Assessment Year (AY) 2015-16, holding it to be time-barred.
The petitioner had challenged the notice on the ground that it had been issued by the jurisdictional Assessing Officer instead of the Faceless Assessing Officer, relying on the Bombay High Court’s earlier decision in Hexaware Technologies Limited v. Assistant Commissioner of Income Tax. Following that decision, the High Court had initially allowed the writ petition and set aside the notice.
Subsequently, the Revenue challenged the Hexaware decision and several similar judgments before the Supreme Court. By orders dated 10 April 2026, 4 May 2026, 10 May 2026 and 15 May 2026, the Supreme Court remanded the matters to the respective High Courts for fresh consideration in light of the retrospective insertion of Section 147A with effect from 1 April 2026. The Supreme Court clarified that all contentions, including any additional grounds to challenge the notices, could be urged before the High Courts and that it had expressed no opinion on the merits.
The High Court noted the Supreme Court’s order dated 4 May 2026, wherein the learned Additional Solicitor General, on behalf of the Revenue, conceded that reassessment notices issued or proposed to be issued for AY 2015-16 on or after 1 April 2021 would be barred by limitation in view of Union of India & Ors. v. Rajeev Bansal, 2024 SCC OnLine SC 2693. The Supreme Court further directed that where the matter pertains to AY 2015-16, the High Court need only declare the notice to be time-barred without undertaking any further adjudication.
