Shivhari J. Agarwal v. Deputy Commissioner of Income Tax 17(1) & Anr.

[Cites 2, Cited by 0] Bombay High Court Shivhari Jamnadhar Agarwal vs Deputy Commissioner Of Income ... on 12 January, 2026 Author: B. P. Colabawalla Bench: B. P. Colabawalla 2026:BHC-OS:807-DB 39-wp-4538-2022.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.4538 OF 2022 Shivhari J. Agarwal .. Petitioner. Versus Deputy Commissioner of Income Tax 17 (1) & Another .. Respondents Digitally signed by SMITA SMITA RAJNIKANT JOSHI Mr. Abhunav Mathur (through V. C.) with Mr. Lokesh Pawaskar, RAJNIKANT Date: JOSHI 2026.01.13 19:45:39 Advocate for for the Petitioner. +0530 Ms. Sushma Nagaraj with Ms. Adyasha Das, Advocate for the Respondents. CORAM: B. P. COLABAWALLA & FIRDOSH P. POONIWALLA, JJ. DATE: JANUARY 12, 2026 P. C. 1 RULE. Respondents waives service. With the consent of the parties, Rule made returnable forthwith and heard finally. 2 The above Writ Petition is filed seeking to challenge the Notice dated 30th June, 2021 issued under Section 148 of the Income Tax Act, 1961 (for short "the Act"). The Assessment Year in question is Assessment Year 2015-16. The short ground on which the above Notice is challenged is on the issue of limitation. Page 1 of 4 JANUARY 12, 2026 S.R.JOSHI ::: Uploaded on - 13/01/2026 ::: Downloaded on - 13/01/2026 20:38:40 ::: 39-wp-4538-2022.doc 3 On the issue of limitation, the learned Counsel appearing on behalf of the Petitioner submitted that the aforesaid issue raised in the present Petition is squarely covered by the decision of the Hon'ble Supreme Court of India in the case Union of India and Others v/s. Rajeev Bansal (2024) 167 Taxmann.com 70 (SC). In this regard, the learned Counsel for the Petitioner brought to our attention paragraph 19 (f) of the aforesaid judgement and submitted that before the Hon'ble Supreme Court, the Revenue had conceded that for Assessment Year 2015-16, all notices under Section 148 of the Act issued after 1 st April, 2021 will have to be dropped as they will not fall for completion during the period prescribed under the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 (for short "TOLA"). He submitted that in the present case, the Assessment Year in question is Assessment Year 2015-16 and the notice under Section 148 of the Act is dated 30 th June, 2021, which is after 1 st April, 2021. Hence, in view of the concession made by the Revenue before the Hon'ble Supreme Court in Rajeev Bansal (supra), the notice issued under Section 148 of the Act in the present case has to be quashed and set aside. 4 We have heard the learned Counsel appearing on behalf of the Petitioner as well as the learned Counsel appearing on behalf of the Revenue. Page 2 of 4 JANUARY 12, 2026 S.R.JOSHI ::: Uploaded on - 13/01/2026 ::: Downloaded on - 13/01/2026 20:38:40 ::: 39-wp-4538-2022.doc 5 It is not in dispute that the Assessment Year in question is A. Y. 2015-16. It is also not in dispute that notice issued under Section 148 of the Act is dated 30th June, 2021. The Hon'ble Supreme Court, in paragraph 19 (f) of its decision in Rajeev Bansal (supra), recorded a concession on behalf of the Revenue that for Assessment Year 2015-16, all notices issued on or after 1st April, 2021 will have to be dropped as they will not fall for completion during the period prescribed under TOLA. The relevant portion of the decision of the Hon'ble Supreme Court reads thus:- "19:- Mr. N. Venkataraman, learned Additional Solicitor General of India, made the following submissions on behalf of the Revenue: (a) .... .... .... .... .... .... .... (b) .... .... .... .... .... .... .... (c) .... .... .... .... .... .... .... (d) .... .... .... .... .... .... .... (e) .... .... .... .... .... .... .... (f) The Revenue concedes that for the Assessment Year 2015- 2016, all notices issued on or after April 1, 2021 will have to be dropped as they will not fall for completion during the period prescribed under the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020". 6 In light of the concession recorded by the Hon'ble Supreme Court and reproduced by us above, the notice issued under Section 148 of the Act, dated 30th June, 2021 cannot be sustained. It is accordingly quashed and set aside. 7 Consequently, all proceedings taken pursuant thereto also cannot stand and are hereby quashed and set aside. Page 3 of 4 JANUARY 12, 2026 S.R.JOSHI ::: Uploaded on - 13/01/2026 ::: Downloaded on - 13/01/2026 20:38:40 ::: 39-wp-4538-2022.doc 8 Rule is made absolute in the aforesaid terms and the Writ Petition is also disposed of in terms thereof. However, there shall be no order as to costs. 9 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. [FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.] Page 4 of 4 JANUARY 12, 2026 S.R.JOSHI ::: Uploaded on - 13/01/2026 ::: Downloaded on - 13/01/2026 20:38:40 :::