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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.NAGAPRASANNA
LTI mindtree Limited (Successor In Interest Of M/s. Aztecsoft Ltd.) – Appellant
Versus
Joint Commissioner Of Income Tax (OSD) – Respondent
ORDER :
M. NAGAPRASANNA, J.
These petitions twins in their grievance and identical in their legal challenge, are conjoined for adjudication, for the issues they raise and notices they assail are cast from the same mould. What emerges before this Court is not merely contest over set of statutory provisions of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’ for short), but over the very reach of jurisdiction. Since facts are common, facts as obtaining in Writ Petition No.52319 of 2019 would be narrated.
2. The petitioner, a Public Limited Company is before this Court calling in question the notice dated 29-03-2019 issued by the 1st respondent/Joint Commissioner of Income tax (OSD) under Section 148 r/w Section 150 of the Act, inter alia.
3. Shorn of unnecessary details, facts germane, are as follows: -
3.1. The petitioner is said to be engaged in the business of development and export of software. The Transfer Pricing Officer passed an order under Section 92CA of the Act in the name of one M/s Aztecsoft Limited, a Company that existed prior to the merger with the present petitioner M/s Mindtree Limited, which is now further merged with Larsen & Toubro Infotech Limited with
Notices for reopening assessments issued beyond limitation period are invalid, and jurisdictional challenges can be maintained despite availability of alternative remedies.
Reopening of assessment under Section 148 is invalid if based on materials already available during the original assessment, constituting a mere change of opinion without fresh evidence.
The assessment order was invalid as it was issued beyond the limitation period prescribed under Section 153 of the Income Tax Act, necessitating adherence to statutory timelines.
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