All India Trinamool Congress Vs ACIT (Calcutta High Court)
Calcutta High Court held that liberty is granted to the petitioner to respond to notice issued under section 148 of the Income Tax Act as the respondents are on the verge of bringing the assessment proceedings to a conclusion.
Facts- The instant writ petition has been filed challenging, inter alia, the order passed under Section 148A(d) of the Income Tax Act, 1961, dated 27thMarch, 2024 for the assessment year 2017-18, the sanction order under Section 151 of the said Act, in respect of the selfsame assessment year and the notice issued under Section 148 of the said Act dated 27th March, 2024, in respect of the selfsame assessment year.
Conclusion- The assessment has since proceeded further and a show-cause notice proposing variation has already been issued on 13th March, 2025. From the disclosure made in the writ petition, it would transpire that in July, 2024, the petitioner had intimated the respondents that it was in the process of challenging the order passed under Section 148A(d) of the said Act and the notice issued under Section 148 of the said Act, both dated 27th March, 2024 for the assessment year 2017-18. The writ petition had however, not been filed until 17th March, 2025. The aforesaid in my view, is not so fatal to disentitle the petitioner from maintaining the writ petition though the same becomes a relevant consideration for grant of interim relief. Having regard thereto, and considering the fact that the respondents are on the verge of bringing the assessment proceedings to a conclusion, I am of the view that the petitioners despite having made out a prima facie case is not entitled to stay of further proceedings, though a limited protection may be afforded.
