ITAT Mumbai started following Hexaware Technologies
Hexaware Technologies is the most talked about case after the Ashish Agrawal Judgement of 2021. There are various other High Courts which has also followed the Hexaware Technologies. Now, the Tribunal is also following the Hexaware Technology Bombay High Court order.
The recent one is the case of Mumbai ITAT as under:
Purohit Food Products Private Limited vs. The Income Tax Officer, Ward-10(3)(1)
ITA No. 2678/Mum/2024 Assessment Year 2015-16
[BEFORE SHRI B.R. BASKARAN, ACCOUNTANT MEMBER AND SHRI ANIKESH BANERJEE, JUDICIAL MEMBER]
The case is related to AY 2015-16 and the notice u/s 148 of the Act has been issued on 29th July, 2022. The last date for issuing notice u/s 148 of the Act under the old provision is 31st March, 2022. Placing reliance on Hon’ble Bombay High Court in the case of Hexaware Technologies Ltd, the Tribunal held that the notice is time barred. The most emerging question which remains now is what if department SLP is allowed and it wins the case in SC as a result of which the notice would be held to be valid by SC, whether the department file MA in the same way as is done after the judgement by SC in the case of Checkmate Order?
Let us wait and watch the interesting legal angel ahead. Supreme court has taken cognizance of issue arising out of 148 notice issued by Jurisdictional AO instead of Faceless AO. SLP filed by revenue has been listed for hearing in October-2024 now. Revenue is challenging several high courts judgements which were passed in favour of taxpayers clearly holding that notices under 148 have to be issued in faceless manner by virtue of 2022 E-Income escaping assessment scheme and Jurisdictional AO lacks the jurisdiction to issue such notices. Supreme court has tagged the various matters notably order passed by Telengana HC in case of Surya Lakshmi Cotton Mills, Bombay HC judgement in Hexaware and other similar judgements. It would be interesting to see Apex court’s stand on issue which has become a talk of the town lately.
There are various other cases which has also followed Hexaware Technologies Ltd is as under:
1. ACIT 2(1)(1), Mumbai, Mumbai vs Kundan Jewellers, Mumbai on 25 July, 2024 ITA No.4493/Mum/2023
( SHRI AMIT SHUKLA, JUDICIAL MEMBER & SHRI GAGAN GOYAL, ACCOUNTANT MEMBER)
2. Purohit Food Products Private Limited, … vs Assessing Officer, Ward 10(3)(1), Mumbai on 7 August, 2024 in ITA No. 2678/Mum/2024
(BEFORE SHRI B.R. BASKARAN, ACCOUNTANT MEMBER AND SHRI ANIKESH BANERJEE, JUDICIAL MEMBER)
3. Arvind Dada Kolekar, Mumbai vs Income Tax Officer Ward 16(2)(1) Mumbai on 23 April, 2024 in ITA No. 4137/MUM/2023 (before HC order on JAO/ FAO)
(SHRI AMIT SHUKLA, JUDICIAL MEMBER & SMT RENU JAUHARI ACCOUNTANT MEMBER)
The copy of the order is as under:
