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May 9, 2022

The Supreme Court has imposed a fee of Rs. 5000 for late filing of a writ against a Section 148 Notice.

by CA Shivam Jaiswal in Income Tax

The Supreme Court has imposed a fee of Rs. 5000 for late filing of a writ against a Section 148 Notice.

Facts and Issue of the case

In this writ petition, petitioner has challenged the impugned notice under section 148 of  the  Income  Tax, 1961 which was issued after 31st March 2021 with supporting documents on  the  grounds  that  this  case clearly falls under the newly amended Act relating to proceedings under section  147  of  the  Act  and  under which there is a mandatory obligation on the part of the assessing officer to issue notice under section 148A of the Act before issuing any notice under section 148 of the Act and which has  admittedly  not  done  by  the  assessing officer and that the impugned notice under section 148  of the Act has  been  issued  violation  of  section  148  of  the Act. Furthermore, this case is directly covered by the orders of this court in the case of Bagaria Properties and Investment Private Limited & Anr. v. Union of India & Ors. reported in (2022) 134 taxman.com 196 (Calcutta) and also in the case of Monoj Jain  v.  Union  of  India  & Ors. reported  in  (2022)  134  taxman.com  173 (Calcutta).

Observation and Conclusion of the case

Considering the facts, the impugned notice under section 148 of the Act and all subsequent proceedings are quashed. However, quashing of the impugned notice and subsequent proceedings will not debar the assessing officer concerned to issue any fresh notice in future in accordance with law.

This writ petition is allowed subject to payment of costs of Rs.5,000/- to the Calcutta High Court Bar Association Lawyers’ Benevolent Fund, since the impugned notice under section 148 of the  Income  Tax Act, 1961 has been issued on April 8, 2021 as appears from record and this writ petition has been filed in March 2022, that is, almost after ten months from receipt of the impugned notice, without any explanation for such delay in filing this writ petition. Such costs has to be paid by the petitioner to the Calcutta High Court Bar Association Lawyers’ Benevolent Fund within seven days from date. Receipt of payment is to be produced before this court.

Orion-Book-Binders-Private-Limited-Vs-ITO-Calcutta-High-Court

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