2022 (10) TMI 551 - HC - Income Tax

Validity of reopening of assessment u/s 147 - proceedings initiated by passing order u/s 148A(d) of the Act and issuing notice u/s 148 of the Act in the new regime - without taking into consideration the fact that the limitation for completing the re-assessment proceedings pursuant to the notice issued under Section 148 had already elapsed subsequently issued the impugned show cause notice under Section 148A(b) - HELD THAT - This Court is of the view that the Respondent having issued and served the impugned notice on 31 st March, 2021 under Section 148 of the unamended Act, could not have issued another notice under Section 148A(b) of the Act dated 2nd June, 2022 to the Petitioner. Further the directions given by the Supreme Court in Ashish Agarwal 2022 (5) TMI 240 - SUPREME COURT were applicable to cases, where notices under Section 148 of the Act had been issued during the period 01st April, 2021 to 30th June, 2021 which is not the case in the present matter. Consequently, the show cause notice dated 2nd June, 2022 as well as the order passed under Section 148A(d) of the Act and the notice issued under Section 148 of the Act, both dated 28th July, 2022, for the Assessment Year 2017-18 are quashed. This Court clarifies that it has not dealt with the legality and validity of the proceedings initiated vide show cause notice dated 31 st March, 2021 issued under Section 148 of the unamended Act. If the law permits the Respondent-Revenue to take further steps in the matter, they shall be at liberty to do so. Needless to state that if and when such steps are taken and if the Petitioner has a grievance, it shall be at liberty to take its remedies in accordance with law.

Summary

Issues:
Challenge to show cause notice under Section 148A(b) of the Income Tax Act, 1961 and related orders for Assessment Year 2017-18.

Analysis:
1. The petitioner filed a writ petition challenging the show cause notice dated 2nd June, 2022, issued under Section 148A(b) of the Income Tax Act, 1961, and subsequent orders for Assessment Year 2017-18. The petitioner contended that the notice was wrongly issued as the initial notice under the unamended Section 148 of the Act was already served on them on 31st March, 2021. The petitioner participated in the re-assessment proceedings but the Respondent failed to pass the re-assessment order within the prescribed time limit ending on 31st March, 2022, leading to the issuance of the impugned notice.

2. The Respondent argued that the assessment proceedings initiated under the old regime were quashed by the Delhi High Court, leading to the initiation of re-assessment proceedings under the new regime. The Respondent stated that the notice under Section 148 of the Act dated 31.03.2021 was not served on the petitioner on the same date, which led to the belief that the proceedings were void ab-initio. Subsequently, a new notice was issued under Section 148A(b) to provide an opportunity of being heard to the assessee.

3. The High Court observed that the Respondent, having issued and served the initial notice on 31st March, 2021, could not have issued another notice under Section 148A(b) of the Act dated 2nd June, 2022. The Court clarified that the directions given by the Supreme Court in a specific case were not applicable to the present matter, as the notices in question were issued outside the relevant period.

4. Consequently, the show cause notice dated 2nd June, 2022, along with related orders for Assessment Year 2017-18, were quashed by the Court. However, the legality and validity of the proceedings initiated under the initial notice dated 31st March, 2021 were not addressed. The Court granted liberty to the Respondent to take further steps in accordance with the law, and the petitioner was given the freedom to seek remedies if needed.

5. With the directions provided and the liberty granted, the Court disposed of the writ petition, emphasizing the importance of following legal procedures and timelines in tax assessment matters to ensure fairness and adherence to the law.