Case Law Details
Rashmi Motors Vs PCIT (Orissa High Court)
1. This matter is taken up by video conferencing mode.
2. It appears that a Division Bench of Allahabad High Court has in its judgment dated 30th September, 2021 in Writ Tax No.524 of 2021 (Ashok Kumar Agarwal v. Union of India) accepted the pleas challenging reassessment notice issued to the Petitioner in that case on 9th April, 2021 for the assessment year (AY) 2017-18 in circumstances similar to those in the present cases before this Court. Therefore, the said judgment is relied upon by the Petitioner here. In addition, reliance is also placed on the judgment of the Division Bench of Delhi High Court dated 15th December, 2021 in W.P.(Civil) No.6176 of 2021 (Mon Mohan Kohli v. Asst. Commissioner of Income Tax) and the judgments of the learned Single Judges of the Rajasthan High Court (judgment dated 25th November, 2021 in SB (Civil) Writ Petition No.13297 of 2021 Bpip Infra Private Limited v. Income Tax Officer) and of the Calcutta High Court [judgment dated 17th January, 2022 in W.P.O. 244 of 2021 and batch Bagadia Proprieties and Investment Pvt. Ltd. v. Union of India).
3. The Court is informed by Mr. T.K. Satapathy, learned Senior Standing Counsel for the Department that against the judgment of the Allahabad High Court in Ashok Kumar Agarwal v. Union of India (supra) the Department has filed a special leave petition in the Supreme Court of India which is yet to be registered and listed for hearing.
4. In that view of the matter, the Court considers it appropriate to await the order that might be passed in the aforementioned SLP in the Supreme Court before proceeding further in this matter and the connected matters.
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