Vindya Agencies Private Limited Vs ACIT (Calcutta High Court)
In the case of Vindya Agencies Private Limited Vs ACIT, the Calcutta High Court issued a stay on a notice issued under Section 148 of the Income Tax Act, dated April 22, 2024, concerning the assessment year 2017-18. The petitioner challenged the legality of this notice, arguing that it was issued by the jurisdictional assessing officer in violation of Section 151A of the Income Tax Act and the related scheme notified on March 29, 2022. The petitioner contended that the approval granted under Section 151 was flawed and did not adequately consider their response to the notice under Section 148A(b).
During the proceedings, Mr. Mitra, representing the respondents, sought permission to file an affidavit in opposition. The Court acknowledged the jurisdictional issues raised in the writ petition and scheduled a hearing, allowing the respondents eight weeks to file their opposition affidavit after the annual vacation, with a four-week window for any replies from the petitioner. Given the prima facie case presented by the petitioner and referencing a prior judgment regarding the jurisdictional authority to issue such notices, the Court determined that no further action should be taken based on the April 22 notice until the writ petition is resolved. The Court granted the petitioner liberty to mention the case following the exchange of affidavits, underscoring the importance of adherence to procedural guidelines within the Income Tax framework.
