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2022 (2) TMI 1258 - HC - Income TaxReopening of assessment u/s 147 - Scope of amended Sections 148 and 148A have come into force with effect from 1st April, 2021 - Revenue relying upon the Taxation and other Laws (Relaxation in Amendment of Certain Provisions) Act, 2020 has issued notifications and the impugned notices treating the time line for issuance of notice under Section 148 (unamended) extended upto 30th June, 2021 - HELD THAT:- Referring to the amendment made in Sections 147 to 151 of the Act of 1961 with effect from 1st April, 2021 by the Finance Act, 2021, it is submitted that Madras High Court has taken note of the decisions of the Delhi High Court, Calcutta High Court, Allahabad High Court and other High Courts and quashed the impugned reassessment notices issued under Section 148 of the Act, 1961. However, liberty has been granted to the Revenue to initiate reassessment proceedings in accordance with the provisions of the Act of 1961, as amended by the Finance Act, 2021, after making all the compliances as required by law, if limitation for it survives vide Para-19 of the judgment. Learned counsel for the petitioners submits that proceedings initiated by the impugned notices issued under unamended Section 148 of the I.T. Act, 1961 would be without jurisdiction and bad in law. Therefore, petitioners have assailed it in the present writ petitions. Revenue have referred to the judgment rendered by Chhattisgarh High Court in the case of Palak Khatuja vs. Union of India [2021 (9) TMI 199 - CHHATTISGARH HIGH COURT] and submitted that it was decided in favour of the Revenue by learned Single Judge. However, the appeal is pending before the learned Division Bench. Learned counsel for the respondents have prayed for time to file counter affidavit. They however do not dispute that the Division Bench of different High Courts, referred to above, have decided in favour of the assessee on similar issues. On consideration of the aforesaid, respondents are allowed one week time to file counter affidavit. Three days’ time thereafter is allowed to the petitioner to file reply, if so advised.
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