9911796707
TMI Blog2023 (7) TMI 1552X X X X Extracts X X X X X X X X Extracts X X X X ..... y. 2. This petition arises out of assessment order dated 24.03.2022 issued under Section 147 of the Income Tax Act (hereinafter 'the Act' in short) as also demand notice dated 24.03.2022. The petitioner has also challenged the notice under Section 148 of the Act issued on 26.07.2022 reopening the assessment. 3. Learned counsel for the petitioner would submit that the respondent issued a notice under Section 148 of the Act reopening assessment and passed reassessment order on 24.03.2022, which is under challenge in the appeal and the appeal is still pending. 4. Now in the garb of order passed by the Hon'ble Supreme Court in the case of Union of India Vs. Ashish Agarwal, the earlier notice under Section 148 of the Act has been treated as n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issued and served on 01.04.2021, in view of the decision of Hon'ble Supreme Court in the case of Union of India Vs. Ashish Agarwal 2022 SCC 543: dated 04.05.2022, the notice under Section 148 of the Act was required to be treated as notice under Section 148A (b) of the Act and further further proceedings were required to be drawn complying with the mandate of Section 148A of the Act, introduced after the amendment effective from 01.04.2021. The order under Section 148A (d) of the Act dated 26.07.2022 clearly records that in view of the judgment of Hon'ble Supreme Court, no scrutiny assessment could be made on the basis of show cause notice hence scrutiny assessment order passed by AO has become infructuous. In Para 6 (ii) of the order pass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der dated 24.03.2022 is required to be refunded forthwith to the petitioner. The impugned demand notice dated 24.03.2022 is also rendered ineffective and inoperative in law. 9. This petition is accordingly partly allowed declaring the scrutiny assessment order dated 24.03.2022 as also demand notice dated 24.03.2022 ineffective and inoperative in law. The pre deposit amount, if any, shall be refunded to the petitioner. 10. We may, however, hasten to add that we have not interfered with the order dated 26.07.2022 passed in exercise of powers under Section 148A (d) of the Act. In case the petitioner is aggrieved by fresh order of reassessment, which may be passed in future, the petitioner would be at liberty to work out such remedy as may be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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