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Patna High Court

Hospito India Medical Foundation LtdversusPrincipal Commissioner of Income Tax 1

Decided
Disposal
DISPOSED

Holding

The writ petition was dismissed as the alleged tax demand no longer existed, rendering the grievance redressed.

Summary

Hospito India Medical Foundation Ltd filed a writ petition challenging a notice dated 24.02.2021 that claimed an outstanding income tax demand of ₹55,81,121 for Assessment Year 2006-07. The petition sought quashing of the notice, arguing that no assessment order had been made. The respondents, the Income Tax Commissioners, submitted a counter‑affidavit stating that, as of the hearing date, there was no demand for the said assessment year reflected on the Income Tax Department’s portal. The petitioners accepted this representation, acknowledging that the alleged demand no longer existed. The Court held that the grievance was fully redressed and therefore disposed of the writ petition.

Issues considered

  • What is the legal effect of a notice demanding income tax when no demand is reflected on the ITBA portal?

Subjects

  • Income Tax
  • Assessment Year
  • Writ Petition
  • Tax Demand
  • ITBA portal
  • Quashing Notice

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Civil Writ Jurisdiction Case No.9932 of 2025
                 ======================================================
                 Hospito India Medical Foundation Ltd a company incorporated under Companies Act,
                 1965 having its office at A-21, Buddha Colony, Boring Canal Road, Patna 800001
                 through its Director Shri Arun Kumar Sinha (Male aged about 70 years), son of
                 Awadhesh Kumar Sinha Saryar, House No.91, Saryar Villa, Montessori School Lane,
                 Boring Road, Patna G.P.O., Patna, Bihar - 800001.
                                                                                    ... ... Petitioner/s
                                                        Versus

           1.    Principal Commissioner of Income Tax-1 having its office at Bir Chand Patel Path,
                 Central Revenue Building, Patna 800001.

           2.    Dy. Commissioner of Income Tax, Circle -1, Patna

           3.    Asst. Commissioner of Income Tax, Circle -1, Patna
                                                                                  ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. D.V. Pathy, Sr. Adv.
                                                  Mr.Sadashiv Tiwari,Adv.
                 For the Respondent/s    :        Ms. Archana Sinha, Sr. S.C.IT
                                                  Ms. Shilpi Keshri, Jr. S.C.IT
                                                  Mr. Alok Kumar Shahi, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                          and
                          HONOURABLE MR. JUSTICE RAJ KUMAR
                                       ORAL ORDER
                    (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH)

4   17-06-2026               The present writ petition has been filed seeking the

                   following reliefs:-

                             “i) the notice dated 24.02.2021 (as contained in Annexure -P
                             5) issued by the respondent no.2 informing outstanding
                             demand of ₹55,81,121 on account of regular Income Tax
                             demand for the Assessment Year 2006-07 also displayed on
                             the web portal of the Income Tax Department in absence of
                             any such demand raised in pursuance of an order of
                             assessment be set aside and quashed.”

                             2.    At the outset, the learned senior counsel for the

                   respondents by referring to paragraphs No. 6 & 9 of the counter

                   affidavit filed in the present case submits that the grievances of
            Patna High Court CWJC No.9932 of 2025(4) dt.17-06-2026
                                                        2/2




                      the petitioner have already stood redressed. It would be apposite

                      to reproduce paragraphs 6 & 9 of the counter affidavit filed in

                      the present case hereinbelow:-

                              “6. That as on date, there is no outstanding demand
                              whatsoever pertaining to A.Y. 2006-07 reflected on the ITBA
                              portal in the case of the Petitioner. The very basis of the
                              present writ petition, namely the alleged outstanding demand
                              of Rs. 55,81,121/-, therefore does not survive and the writ
                              petition has been rendered infructuous.
                              9. That with regard to the contents of Paragraph No. 1, 2 of
                              the writ petition under reply, it is humbly submitted that at
                              present there is no demand pertaining to A.Y. 2006-07
                              outstanding on the ITBA portal in the case of the Petitioner-
                              assessee, and the grievance, if any, of the Petitioner stands
                              fully redressed. The remaining averments are matters of
                              record and do not call for any specific reply.

                              3.   At this juncture, the learned senior counsel for the

                      petitioners submits that since the respondents have accepted in the

                      counter affidavit that at present there is no demand pertaining to

                      assessment year 2006-07, outstanding on the ITBA portal, qua the

                      petitioner, the grievances of the petitioner have stood redressed,

                      hence the present writ petition be disposed of.

                              4. Accordingly, the present writ petition stands disposed of.


                                             (Mohit Kumar Shah, J)


                                                   ( Raj Kumar, J)
kanchan/-
U


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