SANJAY GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) Present writ petition has been filed challenging the notice dtd. 17/3/2022 for the Assessment Year 2018-19, notice dtd. 22/3/2022 for the Assessment Year 2015-16, both issued under Sec. 148A(b) of the Income Tax Act, 1961 ('the Act') and notice dtd. 28/3/2021 issued under Sec. 148 of the Act for Assessment Year 2017-18 as well as the orders dtd. 9/4/2022 passed under Sec. 148A(d) of the Act for the Assessment Years 2018-19 and 2015-16.

(2.) Learned counsel for the Petitioner states that the impugned notices are without jurisdiction as the same have been issued in the name of a nonexistent partnership firm - Railton Electronics. He states that the Petitioner, during the reassessment proceedings, duly informed the department vide replies dtd. 23/3/2022 and 19/1/2022 that the partnership firm being M/s Railton Electronics having PAN Number AANFR1676E was dissolved as per the Deed of Dissolution dtd. 1/4/2013 and thereafter, the firm was taken over by the Petitioner as a sole proprietor.

(3.) He further states that as per the letter obtained from the erstwhile partnership firm's bank, the partnership firm's bank account was closed on 19/7/2013 itself. He contends that the Railton Electronics is now maintaining a proprietorship account which was opened on 25/7/2013. In support of his contention, he relies upon certificates issued by petitioner's banker.