9911796707
TMI Blog2022 (6) TMI 571X X X X Extracts X X X X X X X X Extracts X X X X ..... s issues relating to the provisions of reassessment were laid to rest in the recent Judgment of the Hon'ble Supreme Court in Union of India -vs- Ashish Agarwal [ 2022 (5) TMI 240 - SUPREME COURT ] In particular, it is stated that the amended procedure is made applicable both in respect of notices issued prior to 01.04.2021 and subsequent thereto. In view of the settled legal position, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... quiry should be conducted, if required, and even otherwise all the materials and reasons for reopening the assessment should be provided to the petitioner along with an opportunity to respond to the same. The communication is impugned on the ground that these requirements were not complied with. 2. Mr.A.P.Srinivas, learned Standing Counsel, accepts notice for the respondents. Both the petitione ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ned section 148 notices issued to the respective assessees which were issued under unamended section 148 of the IT Act, which were the subject matter of writ petitions before the various respective High Courts shall be deemed to have been issued under section 148A of the IT Act as substituted by the Finance Act, 2021 and construed or treated to be show-cause notices in terms of section 148A(b). Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (iii) The assessing officers shall thereafter pass orders in terms of section 148A(d) in respect of each of the concerned assessees; Thereafter after following the procedure as required under section 148A may issue notice under section 148 (as substituted); (iv) All defences which may be available to the assesses including those available under section 149 of the IT Act and all rights and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er shall also govern the pending writ petitions, pending before various High Courts in which similar notices under Section 148 of the Act issued after 01.04.2021 are under challenge. 3. In view of the settled legal position, the impugned communication is quashed and the matter is remanded for further proceedings in accordance with paragraphs 26 and 27 of the Judgment in Union of India -vs- A ..... X X X X Extracts X X X X X X X X Extracts X X X X
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