JUDGMENT :

ANIL L. PANSARE, J.

1. Rule. Rule made returnable forthwith. The matter is heard finally by the consent of the learned counsel for the parties.

2. Heard Shri Sheth, learned counsel for the Petitioner and Shri S.N. Bhattad, learned counsel for the Respondent Nos. 1 and 2.

3. The question involved in the Petition is:

“Whether the Authorities of the Income Tax Department can issue notice under Section 148 of the Income Tax Act, 1961 to a Corporate Debtor, calling upon it to submit a return in the prescribed form for the assessment year falling prior to the date of approval of Resolution Plan under Insolvency and Bankruptcy Code, 2016 on the ground that Respondent No. 1-Assessing Officer had a reason to believe that the income chargeable to tax of the Corporate Debtor has escaped assessment within the meaning of Section 147 of the Income Tax Act, 1961?”

4. There are two connected Petitions herein. The impugned notice in W.P. No. 2948 of 2021 is dated 25.03.2021 and in W.P. No. 2965 is dated 24.03.2021. For the sake of convenience, the facts of Writ petition No. 2948 of 2021 are being considered. The Petitioner - Murli Industries Ltd. is a company registered under the Companies Act