(M.R. Shah and C.T. Ravikumar, JJ.)
National Faceless Assessment Centre (Formerly Known As National E-Assessment Centre) and Others ______________________ Appellant(s);
v.
Mantra Industries Limited ___________________________ Respondent.
Civil Appeal No. 1936 of 2023 (Arising out of SLP (C) No. 4906/2022), decided on March 21, 2023
The Order of the court was delivered by
Order
1. Leave granted.
2. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the Division Bench of the High Court of Judicature at Bombay in Writ Petition No. 1625/2021, the present Special Leave Petition has been preferred by the Revenue, insofar as to expunge the observations made in para 9.
3. Shri Balbir Singh, learned ASG, appearing on behalf of the Revenue has also tried to make the submission on merits of the impugned judgment and order passed by the High Court by which the High Court has set aside the Assessment Order relying upon subsection (9) of Section 144B of the Income Tax Act, 1961 (for short “the Act”). However, learned counsel appearing on behalf of the respondent-assessee has pointed out that the present Special Leave Petition has been preferred only for the purpose of expunging the remarks made by the High Court in para 9.
4. Shri Balbir Singh, learned ASG, appearing on behalf of the Revenue has pointed out that subsequently sub-section (9) of Section 144B of the Act has been omitted w.e.f 01.04.2021 and therefore, the impugned judgment and order passed by the High Court quashing and setting aside the Assessment Order relying up on subsection (9) of Section 144B of the Act is unsustainable and the aforesaid being pure question of law either the same may be permitted to be agitated before this Court or the Revenue may be permitted to file a review application before the High Court.
5. Having heard learned counsel appearing on behalf of the respective parties and considering the question of law proposed in the present Special Leave Petition and the grounds stated in the appeal memo, it appears that the present Special Leave Petition has been preferred only against the observations made in para 9 of the impugned judgment and order. However, as sub-section (9) of Section 144B of the Act has been omitted subsequently and which was not before the High Court, we permit the Revenue to file a review application before the High Court and to point out the subsequent development and omission of sub-section (9) of Section 144B of the Act and as and when such a review application is filed within a period of six weeks from today, the High Court to consider the same in accordance with law and on its own merits and without raising the issue with respect to limitation, however, subject to giving an opportunity to the assessee. So far as the observations made in para 9 of the impugned judgment and order passed by the High Court are concerned, we are of the opinion that the observations made in para 9 are unwarranted and not required. Accordingly, the observations made in para 9 of the impugned order are ordered to be expunged.
6. With this, the present Appeal stands disposed of accordingly, in terms of the above.
7. Pending applications, if any, also stand disposed of.
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