Case Law Details
ITO Vs Dhanstock And Share Brokers Pvt Ltd (Calcutta High Court)
The appeal by the revenue was centered around an order passed under Section 148A(d) of the Income Tax Act, 1961, dated July 28, 2022, for the assessment year 2014-15. The Single Bench had quashed this order, deeming it barred by limitation. The learned senior standing counsel for the appellant, Mr. Prithu Dudheria, and the learned counsel for the respondent, Mr. Hemant Tiwari, presented their arguments before the court.
A crucial aspect of the case was the precedent set by a similar matter in M/s. Arati Marketing Pvt. Ltd. Vs Union of India & Ors. In this case, the Single Bench had addressed identical issues concerning reassessment proceedings for the same assessment year. By a common judgment dated February 9, 2024, all writ petitions related to the assessment year 2014-15 were allowed, which significantly influenced the decision in the present case.
Mr. Dudheria highlighted that an appeal against the judgment of the High Court at Guwahati was pending before the Supreme Court. The revenue had also appealed the decision in M/s. Arati Marketing Pvt. Ltd., and this appeal was tagged with the one against the Guwahati High Court’s judgment. This ongoing litigation in the Supreme Court added a layer of complexity to the proceedings.
The Calcutta High Court, after hearing the arguments, decided to adjourn the matter, providing the appellant time to produce the Supreme Court’s order. This adjournment indicates the court’s careful consideration of the broader implications and the need for consistency in judicial decisions across different jurisdictions.
FULL TEXT OF THE JUDGMENT/ORDER OF CALCUTTA HIGH COURT
We have heard Mr. Prithu Dudheria, learned senior standing counsel for the appellant and Mr. Hemant Tiwari, learned counsel for the respondent.
This appeal by the revenue is against the order passed by the learned Single Bench quashing the order passed under Section 148A(d) of the Income Tax Act, 1961 dated 28th July, 2022 for the assessment year 2014-15 on the ground that it is barred by limitation. The learned counsel appearing for the respondent/assessee has submitted that the identical issue came up for consideration before the learned Single Bench in M/s. Arati Marketing Pvt. Ltd. Vs. Union of India & Ors. in WPO No.2747 of 2022 and by common judgment dated 9th February, 2024 all the writ petitions pertaining to the assessment year 2014-15 were allowed.
Mr. Dudheria, learned counsel for the appellant, has submitted that there has been an appeal pending before the Hon’ble Supreme Court against the judgment of the High Court at Guwahati and the revenue has preferred appeal to the Hon’ble Supreme Court against the decision of M/s. Arati Marketing Pvt. Ltd. and the appeal filed by the revenue has been tagged along with the appeal against the judgment of High Court at Guwahati. The learned counsel for the appellant seeks time to produce the order passed by the Hon’ble Supreme Court.
Accordingly, this matter is adjourned.
Author Bio
Why this commentary, what is the significance of this order? Matter has been adjourned simply, a normal procedure in courts.