Created by Fuzzy Cloud

Bombay High Court

BHARTI MANOHAR MANCHANDYA AY 2015 16versusAssistant Commissioner of Income Tax circle 1 kalyan AND ORS

Decided
Disposal
Disposed off as Withdrawn

Holding

The writ petition is disposed as withdrawn, with liberty to file an appeal before the CIT(A) within four weeks, condoning any delay and staying coercive action.

Summary

The petitioner challenged a notice issued under Section 148 of the Income Tax Act, 1961 and an assessment order passed under Section 143(3) read with Section 147. The petition was filed on 26 March 2026, a day after the assessment order dated 25 March 2026. The petitioner’s counsel sought to withdraw the writ petition and instead pursue an appeal under Section 246A, raising a limitation issue. The Court allowed the withdrawal, granted liberty to file the appeal and a stay application within four weeks, and expressly condoned any delay in filing the appeal, directing that no coercive action be taken pending the stay. The Court ordered that the appeal, if filed within the stipulated period, be heard on merits without limitation objections.

Issues considered

  • Whether the writ petition can be withdrawn and the petitioner be permitted to file an appeal under Section 246A despite the limitation period.
  • Whether the Court can condone delay in filing the appeal under the Income Tax Act.
  • Whether a stay application can be directed to restrain coercive action pending the appeal.

Legislation cited

Subjects

  • Income Tax
  • Section 148 notice
  • Assessment order
  • Limitation
  • Condonation of delay
  • Section 246A appeal
  • Writ petition
  • Stay application

Judgment

2026:BHC-AS:34926-DB


                                                                    7-WP-7023-2026.doc



                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               CIVIL APPELLATE JURISDICTION

                                 WRIT PETITION NO. 7023 OF 2026

            Bharti Manohar Manchandya                                 .. Petitioner

                     Versus

            Assistant Commissioner of Income Tax
            Circle 1, Kalyan and Ors.                                 .. Respondents


                 Adv. Sham Walve, with Adv. Sameer Dalal and Adv. Bhavik
                 Chheda, for the Petitioner.

                 Adv. Akhileshwar Sharma, for the Respondent-Revenue.



                                  CORAM: B. P. COLABAWALLA &
                                              FARHAN P. DUBASH, JJ.
                                  DATE:       AUGUST 24, 2026

            P. C.

            1.              The above Writ Petition is filed challenging the impugned notice

            dated 31st August 2024 issued under Section 148 of the Income Tax Act, 1961

            (for short “IT Act”) as well as the order disposing of objections dated 6th

            March 2026 and any consequential notice/orders arising therefrom.



            2.              It appears that the above Writ Petition was filed on 26th March

            2026, and the Assessing Officer passed the Assessment Order under Section

            143(3) read with Section 147 of the IT Act one day prior thereto, i.e., on 25th

                                             Page 1 of 3
                                           AUGUST 24, 2026
            Darshan Patil
                                                       7-WP-7023-2026.doc



March 2026. When we pointed out to Mr. Walve, the learned Counsel

appearing on behalf of the Petitioner, that in the facts of the present case an

alternate remedy is available under Section 246A, not only to challenge the

Assessment Order, but also the notice issued under Section 148, Mr. Walve,

on instructions, sought leave to withdraw the above Writ Petition with liberty

to avail of the alternate remedy. He, however, submitted that the issue of

limitation would arise in filing the above Appeal and hence requested this

Court to safeguard the interest of the Petitioner regarding condonation of

delay. He also submitted that along with his Appeal, he would file a Stay

Application before the Assessing Officer, and until the Stay Application is

decided, no coercive action be taken against the Petitioner pursuant to the

Assessment Order dated 25th March 2026 already passed against the

Petitioner.



3.              Having heard Mr. Walve, as well as Mr. Sharma, the learned

Counsel appearing for the Revenue, we dispose of the above Writ Petition as

withdrawn with liberty to the Petitioner to not only challenge the Assessment

Order dated 25th March 2026, but also the notice issued under Section 148,

before the CIT(A) on all grounds available to the Petitioner in law.




                                Page 2 of 3
                              AUGUST 24, 2026
Darshan Patil
                                                                                  7-WP-7023-2026.doc



                      4.              We further direct that if the Appeal is filed by the Petitioner

                      within a period of 4 weeks from today, the Appeal shall be entertained by the

                      CIT(A) on merits and without raising any issue of limitation. In other words,

                      any delay in filing the aforesaid Appeal is hereby condoned. As stated by Mr.

                      Walve, if the Stay Application is filed before the Assessing Officer within a

                      period of 4 weeks from today, the Income Tax Department shall not take any

                      coercive action against the Petitioner until the Stay Application is decided by

                      the Assessing Officer.



                      5.              It is needless to clarify that if the Appeal and the Stay Application

                      are filed within the stipulated time, the concerned authorities shall decide the

                      same on all grounds raised before it on merits and in accordance with law.



                      6.              The above Writ Petition is accordingly disposed as withdrawn

                      with liberty as prayed. No order as to costs.



                      7.              This order will be digitally signed by the Private Secretary/

                      Personal Assistant of this Court. All concerned will act on production by fax

                      or email of a digitally signed copy of this order.



                      [FARHAN P. DUBASH, J.]                              [B. P. COLABAWALLA, J.]

                                                        Page 3 of 3
                                                      AUGUST 24, 2026
                      Darshan Patil

Signed by: Darshan Patil
Designation: PA To Honourable Judge
Date: 25/08/2026 15:25:40


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.