Ashok Khandelwal v. Union of India & Ors.
Case at a glance
Provisions considered
- Constitution of India art. 226
Judgment
FIRDOSH P. POONIWALLA, JJ. DATE: JULY 14, 2025 P. C.
#1. Rule. Respondents waive service. With the consent of the parties, Rule made returnable forthwith and heard finally.
#2. It is common ground before us that the facts in the present case though relating to Assessment Year 2015-16 are identical to Writ Petition No. 4611 of 2024. Mansi shelke JULY 14, 2025
#3. In these circumstances, and for the, reasons more particularly recorded in our Judgement passed today in Writ Petition No. 4611 of 2024, we allow the present Petition in terms of prayer clauses (a), (b) & (c) which read thus :- (a) that this Hon'ble Court be pleased to issue a writ of Certiorari or a writ in the nature of Certiorari or any other appropriate writ under Article 226 of the Constitution of India, calling for records pertaining to the impugned notice issued by the Respondent No.2 u/s 153C of the Act dated 01.11.2022 for the AY 2015-16 (being Exhibit 'B' hereto) and after going into the validity and legality thereof to quash and set aside the same. (b) that this Hon'ble Court be pleased to issue a writ of Certiorari or a writ in the nature of Certiorari or any other appropriate writ under Article 226 of the Constitution of India, calling for records pertaining to the impugned notice issued by the Respondent No.4 u/s 143(2) of the Act dated 25.03.2023 for the AY 2015-16 (being Exhibit ‘C’ hereto) and after going into the validity and legality thereof to quash and set aside the same. (c) That this Hon'ble Court be pleased to issue a writ of Certiorari or a writ in the nature of Certiorari or any other appropriate writ under Article 226 of the Constitution of India, calling for records pertaining to the impugned notices issued by the Respondent No.3 u/s 142(1) of the Act dated 05.12.2023 for the AY 2015-16 (being Exhibit ‘D’ 'hereto respectively) and after going into the validity and legality thereof to quash and set aside the same.
#4. Rule is made absolute in the aforesaid terms. However, there shall be no order as to costs. Mansi shelke JULY 14, 2025
#5. This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order. [FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.] Mansi shelke JULY 14, 2025
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