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TMI Blog2022 (1) TMI 1443X X X X Extracts X X X X X X X X Extracts X X X X ..... d 27th April, 2021 are declared to be ultra vires the Relaxation Act, 2020 and are therefore bad in law and null and void. Consequently, the impugned reassessment notices issued under Section 148 of the Income Tax Act, 1961 are quashed and the present writ petitions are allowed. If the law permits the respondents/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 petitioners have a grievance, they shall be at liberty to take their remedies in accordance with law. - W.P.(C) 2/2022 CM Nos. 3-4/2022, W.P.(C) 4/2022 CM Nos. 6-7/2022, W.P.(C) 5/2022 CM Nos. 8-9/2022, W.P.(C) 6/2022 CM Nos. 10-11/2022, W.P.(C) 7/2022 CM Nos. 12-13/2022, W.P.(C) 9/202 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0-41/2022, W.P.(C) 136/2022 CM Nos. 342-43/2022, W.P.(C) 141/2022 CM Nos. 368-69/2022, W.P.(C) 142/2022 CM Nos. 370-71/2022, W.P.(C) 145/2022 CM No. 375/2022, W.P.(C) 147/2022 CM Nos. 378-79/2022, W.P.(C) 148/2022 CM Nos. 380-81/2022 Amanveer Singh, Meenu Goel, Kailash Chander Duggal, Kailash Chander Duggal, Prem Kr. Chopra, Rangoli Infocom Private Limited, Ds Realty And Realtor Pvt.Ltd, M/S Olive Infrastructure Pvt. Ltd., Uk Grid Solution Limited, Motherson Auto Solutions Limited, Tara Singh Vachani, Mohit Bakshi, Sudhangshu Shekhar Biswal, Anurag Bhatnagar, Sneh Gupta, Kinetic Constructions Pvt Ltd, Shanju Rani, Neeru Chawla, Ranjitgarh Finance Company Private Limited, Sun Agrifresh Industries Pvt Ltd, Manoj Mittal Huf, Sachi Gupta, Rajni ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /2021. 2. The conclusion reached by this Court in Mon Mohan Kohli (supra) is reproduced hereinbelow:- CONCLUSION 97. This Court is of the view that as the Legislature has introduced the new provisions, Sections 147 to 151 of the Income Tax Act, 1961 by way of the Finance Act, 2021 with effect from 1st April, 2021 and as the said Section 147 is not even mentioned in the impugned Explanations, the reassessment notices relating to any Assessment Year issued under Section 148 after 31st March, 2021 had to comply with the substituted Sections. 98. It is clarified that the power of reassessment that existed prior to 31st March, 2021 continued to exist till the extended period i.e. till 30th June, 2021; however, the Finance Act, 2021 has merely ch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n a particular manner, it can only be in this manner, or not at all. 101. The argument of the respondents that the substitution made by the Finance Act, 2021 is not applicable to past Assessment Years, as it is substantial in nature is contradicted by Respondents own Circular 549 of 1989 and its own submission that from 1st July, 2021, the substitution made by the Finance Act, 2021 will be applicable. 102. Revenue cannot rely on Covid-19 for contending that the new provisions Sections 147 to 151 of the Income Tax Act, 1961 should not operate during the period 1st April, 2021 to 30th June, 2021 as Parliament was fully aware of Covid-19 Pandemic when it passed the Finance Act, 2021. Also, the arguments of the respondents qua non-obstante clau ..... X X X X Extracts X X X X X X X X Extracts X X X X
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