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2024 (4) TMI 1143 - HC - Income TaxValidity of reassessment proceedings - Scope of amendment by the Finance Act 2021, which introduced the new amended provisions i.e., Sections 147 to 151 with effect from 1st April, 2021 - scope of Section 3(1) of the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 and the fact that the Petitioner has an alternative remedy of assailing the order of the assessment - HELD THAT - The judgment of the Supreme Court in Union of India v. Ashish Agarwal 2022 (5) TMI 240 - SUPREME COURT is a complete answer. This has been taken note of by this Court in its order in Nutan Bhusan Jena 2022 (5) TMI 1467 - ORISSA HIGH COURT Considering that, the assessment year is 2013-14 and the impugned notice under Section 148 of the Income Tax Act, 1961 was issued on 30th March, 2021, for the reasons stated in the aforementioned order in Nutan Bhusan Jena (supra) as well as an earlier order of this Court in M/s. Ambika Iron and Steel Pvt. Ltd. 2022 (1) TMI 1291 - ORISSA HIGH COURT and the order of Ashish Agarwal (supra) the impugned notice and all the proceedings and orders consequent thereto are hereby quashed.
Issues: Quashing of notice under Section 148 of the Income Tax Act, 1961
In this judgment by the Orissa High Court, the main issue revolved around the quashing of a notice issued under Section 148 of the Income Tax Act, 1961. The Opposite Parties-Department cited Section 3(1) of the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020, highlighting the Petitioner's alternative remedy of challenging the assessment and appellate authority's order. The Court referred to the Supreme Court judgment in Union of India v. Ashish Agarwal 444 ITR 1 (SC) as a decisive precedent. The Court had previously acknowledged this judgment in its order dated 6th May, 2022, in a related case. Given that the assessment year was 2013-14 and the impugned notice was issued on 28th March, 2021, the Court relied on the orders in Nutan Bhusan Jena and M/s. Ambika Iron and Steel Pvt. Ltd. cases, along with the Supreme Court's decision in Union of India v. Ashish Agarwal, to quash the notice and all subsequent proceedings. Overall, the judgment focused on the legality of the notice issued under Section 148 of the Income Tax Act, 1961, considering relevant legal provisions and precedents to determine the quashing of the notice and related proceedings.
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