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2021 (12) TMI 570 - HC - Income TaxReopening of assessment u/s 148 - scope of section u/s 148A - period of limitation in respect of issuance of notice under section 148 - HELD THAT:- As the prima facie opinion of the Court, for the purpose of interim order, is that by virtue of notifications dated 27.02.2021 and 31.03.2021 issued by the Central Board of Direct Taxes, as referred herein before, though extends the period of limitation in respect of issuance of notice under section 148 of the Income Tax, Act, but the said notification is not found to empower the Central Board of Direct Taxes to put into oblivion the provision of section 148A of the Income Tax Act, which was inserted by virtue of the Finance Act, 2021 and was notified w.e.f. 01.04.2021, as if the said section 148A would not apply till limitation prescribed under section 148 does not lapse or expire. The implementation of the effective date of section 148A which is notified to be 01.04.2021, was certainly not extended by virtue of notification dated 27.02.2021 and 31.03.2021 and therefore, the Court finds that the decision rendered by the Allahabad High Court [2021 (10) TMI 517 - ALLAHABAD HIGH COURT]as well as Rajasthan High Court [2021 (12) TMI 207 - RAJASTHAN HIGH COURT] to have more persuasive value in respect of the issue raised by the petitioner with all respect to the decision rendered by the Chhattisgarh High Court[2021 (9) TMI 199 - CHHATTISGARH HIGH COURT]. The opinion expressed herein before is only for the purpose of granting interim relief to the petitioner and is not a conclusive opinion of the Court on the merit of the writ petition. Accordingly, the Court is inclined to stay the operation of the impugned notice issued under section 148 of the Income Tax Act bearing DIN & Notice issued by the ACIT/DCIT CIR1 DIB dated 30.06.2021 (Annexure XV).
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