NAMBIAR BUILDERS PRIVATE LIMITED V. THE ASSISTANT COMMISSIONER OF INCOME TAX

WP/3927/2022

AI Insights

The case involves Nambiar Builders Private Limited, represented by its director, challenging the validity of notices issued under Section 148 of the Income Tax Act, 1961, and certain notifications by the Central Board of Direct Taxes (CBDT). The petitioner argued that the notifications extending the time limit for issuing notices were not applicable to notices issued under the erstwhile Section 148 after 01/04/2021. The High Court referenced several precedents and found the notifications to be ultra vires, meaning they were beyond the legal power or authority of the CBDT. Consequently, the court quashed the notices and allowed for the possibility of new reassessment proceedings, provided they comply with the amended Act.

• Counselvise Citation: [2022] 140 COUNSELVISE.COM (IT) 695624 (HC-KARNATAKA)
• Appeal Type: Others
• Pronouncement Date: 18-04-2022
• Assessment Year: misc
• Other Referred Cases: Ashok Kumar Agarwal vs. Union of India, BPIP Infra (P.) Ltd. vs. Income Tax Officer, Ward 4(1), Jaipur, Mon Mohan Kohli vs. Assistant Commissioner of Income Tax & Anr., Tata Communications Transformation Services Limited vs. Assistant Commissioner of Income Tax 14(1) and Others
• Laws Referred To: Income Tax Act, 1961, Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: K V ARAVIND
• Assessee Lawyers: A SHANKAR
• Keywords: Assessment Year 2015-16; Income Tax; Notice Quashment; Ultra Vires; Writ of Certiorari
• Section: 148

Judgement Text

"1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF APRIL 2022 PRESENT THE HON’BLE MR. JUSTICE ALOK ARADHE AND THE HON’BLE MR.JUSTICE S. VISHWAJITH SHETTY W.P. No.3927 OF 2022 (T-IT) BETWEEN: NAMBIAR BUILDERS PRIVATE LIMITED REPRESENTED BY ITS DIRECTOR SRI. RATEESH NAMBIAR S/O LATE SRI. RAIRU NAMBIAR AGED ABOUT 48 YEARS 2ND FLOOR ABOVE CROMA P.R. BUSINESS CENTRE OUTER RING ROAD KADUBISANAHALLI MARATHAHALLI POST BENGALURU-560037. ... PETITIONER (BY MR. A. SHANKAR, SR. COUNSEL FOR MR. S. ANNAMALAI, ADV.,) AND: 1. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-3(1)(1), BMTC BUILDING 80 FEET ROAD, 6TH BLOCK NEAR KHB GAMES VILLAGE KORAMANGALA, BENGALURU-560095. 2. CENTRAL BOARD OF DIRECT TAXES THROUGH THE CHAIRPERSON DEPARTMENT OF REVENUE MINISTRY OF FINANCE 2 NORTH BLOCK NEW DELHI-110001. 3. THE PRINCIPAL COMMISSIONER OF INCOME TAX-3 BMTC BUILDING, 80 FEET ROAD 6TH BLOCK, NEAR KHB GAMES VILLAGE KORAMANGALA, BENGALURU-560095. ... RESPONDENTS (BY MR. K.V. ARAVIND A/W MR. DILIP M, ADVS.,) - - - THIS W.P. IS FILED UNDER ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI AND DIRECTION IN THE NATURE OF A WRIT OF CERTIORARI QUASHING THE NOTICE ISSUED UNDER SECTION 148 OF THE INCOME-TAX ACT, 1961 DATED 30/06/2021 BEARING DIN AND NOTICE NO.ITBA/AST/S/148/2021-22/1033932769(1) FOR THE ASSESSMENT YEAR 2015-16 HEREIN MARKED AS ANNEXURE-A. DECLARE THAT THE EXPLANATION BELOW CLAUSE (A) IN THE NOTIFICATION BEARING NO.20/2021/F.NO.370142/35/2020-TPL DATED 31/03/021 HEREIN MARKED AS ANNEXURE-B AND NO.38/2021/F.NO.370142/35/2020-TPL DATED 27/04/2021 HEREIN MARKED AS ANNEXURE-C ISSUED BY THE RESPONDENT NO.2 IS ULTRA VIRES THE PROVISIONS OF THE INCOME-TAX ACT, 1961 AND THE PROVISIONS OF THE TAXATION AND OTHER LAWS (RELAXATION AND AMENDMENT OF CERTAIN PROVISIONS) ACT, 2020, AND THUS BAD IN LAW & ETC., THIS W.P. COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ALOK ARADHE J., MADE THE FOLLOWING: ORDER The petitioner in this writ petition has sought quashment of explanation below Clause (A) in the 3 notification bearing No.20/2021 F.NO.370142/35/2020-TPL dated 31.03.2021 and notification No.38/2021/F.No.370142/35/2020-TPL dated 27.04.2021 issued by Central Board of Direct Taxes, as ultra vires the provisions of Income Tax Act, 1961 (hereinafter referred to as ‘1961 Act’ for short) and the provisions of Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 (hereinafter referred to as ‘2020 Act’ for short). The petitioner has also prayed for relief that extension of time limit by the 2020 Act does not apply to notices issued under erstwhile Section 148 of the 1961 Act, after 01.04.2021. The petitioner also seeks a writ of certiorari for quashing the notices dated 30.06.2021 issued under Section 148 of the 1961 Act for the Assessment year 2016-17. 2. We have heard the learned counsel at length. For the reasons assigned by us in the 4 judgment dated 19.04.2022 passed in W.P.No.22348/2021 and for the reasons assigned by division bench of High Court of Allahabad in ASHOK KUAR AGARWAL VS. UNION OF INDIA’, Rajasthan High Court in ‘BPIP INFRA (P.) LTD. VS. INCOME TAX OFFICER, WARD 4(1), JAIPUR, Delhi High Court decision in MON MOHAN KOHLI VS. ASSISTANT COMMISSIONER OF INCOME TAX & ANR. And decision of Bombay High Court in TATA COMMUNICATIONS TRANSFORMATION SERVICES LIMITED, VS. ASSISTANT COMMISSIONER OF INCOME TAX 14(1) AND OTHERS, W.P.NO.1334/2021 the explanation below Clause (A) in the notification bearing No.20/2021370142/35/2020-tl dated 31.03.2021 and notification No.38/2021f. No.370142/35/2020- TPL dated 27.04.2021 issued by Central Board of Direct Taxes is hereby declared as ultra vires the 5 provisions of Income Tax Act, 1961 and the provisions of Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020. The impugned notice dated 30.06.2021 issued under Section 148 of the Act is quashed. 3. However, it will be open to the Assessing Officer concerned to initiate fresh re-assessment proceeding in accordance with relevant provisions of the 1961 Act as amended by Finance Act, 2021 after strictly complying with the provisions of the Act. In the result, the writ petition is disposed of. Sd/- JUDGE Sd/- JUDGE SS "