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2022 (5) TMI 1472 - HC - Income TaxReopening of assessment u/s 147 - prior approval of specified authority u/s 148A(a) - Scope of new provision section 148A - Validation of notices after quashed by various High Courts - conducting of enquiries or issuance of show-cause notice or passing of order u/s 148A - HELD THAT - Hon ble Apex Court in the judgment of Union of India Ors. vs. Ashish Agarwal 2022 (5) TMI 240 - SUPREME COURT partially set aside the order and judgment passed by the Hon ble High Court Judicature at Allahabad in Writ Tax 2021 (10) TMI 517 - ALLAHABAD HIGH COURT and other Writ Tax Petitions. The order also covers the judgments passed by various other High Courts including this court in Tata Communications Transformation Services Limited V/s. Assistant Commissioner of Income Tax 14(1) Ors 2022 (4) TMI 44 - BOMBAY HIGH COURT
Issues:
1. Partial setting aside of the order and judgment passed by the High Court of Judicature at Allahabad. 2. Directions given by the Hon'ble Apex Court in paragraph no. 10. 3. Deeming of section 148 notices issued to the assessees under unamended section 148 of the IT Act as issued under section 148A. 4. Dispensing with the requirement of conducting any enquiry with prior approval under section 148A(a). 5. Assessing officers to pass orders in terms of section 148A(d) for each assessee. 6. Availability of all defences and rights under the Finance Act, 2021 and in law. 7. Disposal of all petitions and quashing of assessment orders. 8. Permission for aggrieved parties to take further steps. 9. Quashing of assessment orders and consequential orders/notices. 10. Direction for Revenue to restart the process. Analysis: The High Court of Bombay dealt with a case where the Hon'ble Apex Court partially set aside the order and judgment passed by the High Court of Judicature at Allahabad, along with judgments from other High Courts, including the High Court of Bombay. The Apex Court issued directions in paragraph no. 10 of the judgment, allowing the appeals in part and modifying the judgments and orders passed by the High Court at Allahabad. The directions included deeming the section 148 notices issued under the unamended section 148 of the IT Act as issued under the substituted section 148A, requiring the assessing officer to provide information and material to the assessees for replying to show-cause notices within a specified time frame. Furthermore, the requirement of conducting any enquiry with prior approval under section 148A(a) was dispensed with as a one-time measure for notices issued under the unamended Act from a specific date. The assessing officers were directed to pass orders for each assessee in accordance with section 148A(d) and to issue notices under the substituted section 148 thereafter. The judgment emphasized that all defences available to the assessees under the IT Act and all rights under the Finance Act, 2021, and in law, shall continue to be available. As a result of the above directions, all petitions were disposed of, and the judgment allowed aggrieved parties to take further steps if they were dissatisfied with the orders passed by the Assessing Officer. Assessment orders that had been passed were quashed and set aside, along with consequential orders and notices. The Revenue was directed to restart the process in accordance with the directions provided by the Hon'ble Apex Court.
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