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Bombay High Court

ROHAN NAYAN SHAHversusUNION OF INDIA AND ORS

Decided
Disposal
Disposed Off

Holding

The assessment notice, order, and any subsequent re‑assessment, demand or penalty notices for AY 2015-16 are quashed as they fall within the scope of the Hexaware Technologies precedent.

Summary

The petitioner, Rohan Nayan Shah, challenged a notice and order of assessment for AY 2015-16 issued by the Income Tax authorities. The petitioner argued that the assessment and any subsequent re‑assessment, demand or penalty notices were unlawful. The Court observed that the matter fell within the scope of the recent decision in Hexaware Technologies Ltd. v. Assistant Commissioner of Income Tax Circle, which set a precedent on the validity of such assessments. Accordingly, the Court quashed the impugned notice, order, and any re‑assessment, demand or penalty notices. The petition was disposed, with the Court leaving open any other contentions not covered by the Hexaware precedent for future raising.

Issues considered

  • What is the validity of the assessment notice and order for AY 2015-16 in light of the Hexaware Technologies precedent?
  • Do subsequent re‑assessment, demand, or penalty notices stand when the original assessment is quashed?

Subjects

  • Income Tax
  • Assessment Year 2015-16
  • Quash
  • Writ Petition
  • Re‑assessment
  • Penalty
  • Precedent

Judgment

          Digitally
          signed by
          SHAMBHAVI                                                 1/2                        55-aswp-3165-2023.doc
SHAMBHAVI NILESH
NILESH    SHIVGAN
SHIVGAN   Date:
          2024.05.07
          10:43:21
          +0530
                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                                    CIVIL APPELLATE JURISDICTION

                                                   WRIT PETITION NO.3165 OF 2023

                           Rohan Nayan Shah                                               …Petitioner
                                Versus
                           Union of India and Ors.                                        …Respondents


                           Ms. Ujjawala Chaturvedi, i/by Ms Neha Anchlia, for Petitioner.
                           Ms. Samiksha Kanani, for Respondents-Revenue.


                                                         CORAM:           K. R. SHRIRAM &
                                                                          DR. NEELA GOKHALE, JJ.
                                                         DATED:           3RD MAY, 2024
                           PC:-


                       1.         Ms. Samiksha Kanani undertakes to file vakalatnama within

                       one week from today. Undertaking accepted.


                       2.         This Petition relates to Assessment Year (“AY”) 2015-16. We are

                       informed by counsel for Petitioner that this Petition will be covered

                       by      the      judgment             that   we    pronounced   today     in    Hexaware

                       Technologies Limited v. Assistant Commissioner of Income Tax Circle

                       15(1)(2) Mumbai and Ors.1 Counsel for Respondents concur.


                       3.         Therefore, the notice and order impugned in this petition are

                       quashed and set aside. In case any re-assessment order is passed, the

                       same also will stand quashed. So also, consequential demand notice

                       or penalty notice will also stand quashed and set aside.


                       1     Writ Petition No.1778 of 2023
                       Shivgan
                                 2/2                    55-aswp-3165-2023.doc



4.        Petition disposed accordingly.


5.        Whichever contention raised in the Petition not covered by the

Hexaware Technologies (Supra) is kept open to be raised, should the

need arise.




(DR. NEELA GOKHALE, J.)                          (K. R. SHRIRAM, J.)




Shivgan


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