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M/S Savitt Universal Limited Through Its Authorised Signatory Shri Akhilesh Rathi Vs Union Of India And Others

Case No: Writ Petition No. 2916 Of 2024

Date of Decision: Feb. 6, 2024

Acts Referred: Income Tax Act, 1961 — Section 148

Hon'ble Judges: Sushrut Arvind Dharmadhikari, J; Devnarayan Mishra, J

Bench: Division Bench

Advocate: Sumit Nema, Gagan Tiwari, Veena Mandlik

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Judgement

Learned Senior Counsel for the petitioner submits that point involved in this matter is no more res integra. A Division Bench of Telangana High Court

in (2023) 156 taxmann.com 178 (TELANGANA) Kankanala Ravindra Reddy vs. Income-tax Officer has drawn the curtains and similar notice issued

under Section 148 of I.T. Act was held to be invalid. Although, SLP is filed and notices were directed to be issued by the Apex Court on 02.01.2024 in

S.L.P. (C) No.27736/2023, the Apex Court has not granted any stay against the Division Bench Judgement of Telangana High Court.

Considering the aforesaid, Ms. Veena Mandlik, learned Senior Standing Counsel is directed to take notice. She prays for and granted four weeks' time

to file short reply to the interim prayer.

Subject to hearing the other side and considering the Division Bench judgment of Telangana High Court aforesaid, till next date of hearing no final

order be passed pursuant to the impugned notice Annexure P/1.

The name of Ms. Veena Mandlik, learned Senior Standing Counsel for Income Tax Department may be reflected in the cause list.

List after four weeks.