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TMI Blog2025 (2) TMI 50X X X X Extracts X X X X X X X X Extracts X X X X ..... ally. As decision of the Hon'ble Supreme Court in Ashish Agarwal's case[2022 (5) TMI 240 - SUPREME COURT] has been passed under Article 142 of the Constitution of India in view of the peculiar circumstances arising out of the amendment to the Income Tax Act, 1961 vide Finance Act, 2021. In order to put the issue at rest, the Hon'ble Supreme Court had given the above direction. Hon'ble Supreme Court has not given a direction to the Assessing Officer to reopen the assessment even when the assessment was completed earlier by treating the notice issued u/s 148 as the notice issued u/s 148A(b) as amended with effect from 01.04.2021. This is also the view in Anindita Sengupta's case [2024 (4) TMI 96 - DELHI HIGH COURT]. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... countenanced in the light of the earlier Assessment Order being passed on 30.03.2022 merely because the Hon'ble Supreme Court has passed Order on 04.05.2022 in Ashish Agarwal's case (cited supra) under Article 142 of the Constitution of India, 1950. 6. The learned counsel for the petitioner would draw attention to a decision of Division Bench of the Delhi High Court in Anindita Sengupta Vs. Assistant Commissioner of Income-tax, [2024] 161 taxmann.com 39 (Delhi). Specifically, in Paragraph Nos.22 and 23, the Division Bench of the Delhi High Court held as under:- "22. As is manifest from a reading of the aforesaid passages forming part of the decision in Union of India v. Ashish Agarwal [(2022) 444 ITR 1 (SC); (2023) 1 SCC 617], t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from the impugned notices being ordained to be treated as show-cause notices under section 148A(b) and the concomitant liberty being accorded to Assessing Officers to proceed further in accordance with section 148A(d). As we read that decision, we find ourselves unable to construe those directions as either warranting or mandating a reopening of proceedings which had come to be rendered a quietus in the meanwhile. The judgment was primarily concerned with the validity of various notices which had been promulgated and proceedings drawn in accordance with the statutory procedure which stood in place prior to April 1, 2021. It also becomes pertinent to note that the decision rendered by our court in Mon Mohan Kohli v. Asst. CIT [(2022) 441 IT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fresh notice under the new regime and that the earlier proceedings ought to have been construed as nullity in the light of the decision of the Hon'ble Supreme Court in Ashish Agarwal's case (cited supra). 10. I have considered the arguments advanced by the learned counsel for the petitioner and the learned Senior Standing Counsel for the respondents. 11. The reasons for issuance of notice on 28.06.2021 under Section 148 of the Income Tax Act, 1961 as communicated to the petitioner vide notice dated 23.02.2022 issued under Section 143(2) of the Income Tax Act, 1961 and the reasons stated in the notice issued under Section 148A(b) of the Income Tax Act, 1961 on 1.06.2022 read almost identically. 12. The issue was examined by the A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nded Act from 1-4-2021 till date, including those which have been quashed by the High Courts. 28.3. Even otherwise as observed hereinabove holding any enquiry with the prior approval of specified authority is not mandatory but it is for the assessing officers concerned to hold any enquiry, if required. 28.4. The assessing officers shall thereafter pass orders in terms of Section 148-A(d) in respect of each of the assessee's concerned; Thereafter after following the procedure as required under Section 148-A may issue notice under Section 148 (as substituted). 28.5. All defences which may be available to the assessee's including those available under Section 149 of the IT Act and all rights and contentions which may be available to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... costs." 13. In my view, the aforesaid decision of the Hon'ble Supreme Court in Ashish Agarwal's case (cited supra) has been passed under Article 142 of the Constitution of India in view of the peculiar circumstances arising out of the amendment to the Income Tax Act, 1961 vide Finance Act, 2021. In order to put the issue at rest, the Hon'ble Supreme Court had given the above direction. 14. The Hon'ble Supreme Court has not given a direction to the Assessing Officer to reopen the assessment even when the assessment was completed earlier by treating the notice issued under Section 148 of the Income Tax Act, 1961 as the notice issued under Section 148A(b) of the Income Tax Act, 1961 as amended with effect from 01.04.2021. 15 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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