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TMI Blog2022 (10) TMI 570X X X X Extracts X X X X X X X X Extracts X X X X ..... ce will be construed as notice under Section 148A(b). - WRIT PETITION No.18584 of 2022 - - - Dated:- 28-9-2022 - HON BLE THE CHIEF JUSTICE UJJAL BHUYAN AND HON BLE SRI JUSTICE C.V. BHASKAR REDDY Petitioner Advocate : R.S. Associates Respondent Advocate : J.V. Prasad SC For Income Tax Order: (Per the Hon ble the Chief Justice Ujjal Bhuyan) Heard Mr. Naga Deepak, learned counsel for the petitioner and Ms. Sapna Reddy, learned counsel for the respondents. 2. Challenge made in this writ petition is to the legality and validity of the notice dated 07.04.2021 issued by respondent No.1 under Section 148 of the Income Tax Act, 1961 (briefly, the Act hereinafter). 3. By the aforesaid notice, assessing officer prop ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e High Court of Judicature at Allahabad in Writ Tax No.524/2021, against which Union of India filed Special Leave Petitions. On leave being granted, Civil Appeal No.3005/2022 (Union of India vs. Ashish Agarwal) along with other connected Civil Appeals were heard by the Supreme Court and decided vide the judgment and order dated 04.05.2022, which has since been reported in 2022 SCC Online SC 543. After analysing the provisions of the Act from Sections 147 to 151 of the Act, more particularly the provisions contained in Section 148A of the Act, Supreme Court observed as follows: 7. Thus, the new provisions substituted by the Finance Act, 2021 being remedial and benevolent in nature and substituted with a specific aim and object t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... There appears to be genuine non-application of the amendments as the officers of the Revenue may have been under a bonafide belief that the amendments may not yet have been enforced. Therefore, we are of the opinion that some leeway must be shown in that regard which the High Courts could have done so. Therefore, instead of quashing and setting aside the reassessment notices issued under the unamended provision of IT Act, the High Courts ought to have passed an order construing the notices issued under unamended Act/ unamended provision of the IT Act as those deemed to have been issued under section 148A of the IT Act as per the new provision section 148A and the Revenue ought to have been permitted to proceed further with the reasse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rned assessees; (iv) All the defences which may be available to the assessee under section 149 and/or which may be available under the Finance Act, 2021 and in law and whatever rights are available to the Assessing Officer under the Finance Act, 2021 are kept open and/or shall continue to be available and; (v) The present order shall substitute/modify respective judgments and orders passed by the respective High Courts quashing the similar notices issued under unamended section 148 of the IT Act irrespective of whether they have been assailed before this Court or not. 9. Finally, the Civil Appeals were allowed in part and judgments of the various High Courts have been modified and substituted as under: 10. In view of the ..... 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 contentions which may be available to the concerned assessees and Revenue under the Finance Act, 2021 and in law shall continue to be available. 10. Supreme Court also clarified that its decision in Ashish Agarwal (supra) rendered on 04.05.2022 was an order passed under Article 142 of the Constitution of India and would be binding in all cases wh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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