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2022 (2) TMI 289 - HC - Income TaxValidity of assessment u/s 147 - scope of section 148A - petitioners aggrieved by the issuance of impugned notices u/s 148 as same are barred by limitation and Income Tax Authority before issuing the impugned notices have not observed the statutory formalities u/s 148 A as prescribed by the Finance Act, 2021 which are applicable with effect from 1st April, 2021 before issuance of notices under Section 148 of the Act on or after 1st April, 2021 - HELD THAT:- The issues involved in these Writ Petitions are covered by the decision of the Division Bench of the Allahabad High Court in the case of 'Ashok Kumar Agarwal -vs- Union of India [2021 (10) TMI 517 - ALLAHABAD HIGH COURT] decided in favour of assessees. Also BPIP INFRA PRIVATE LIMITED AND OTHERS VERSUS INCOME TAX OFFICER, WARD 4 (1) , JAIPUR AND OTHERS [2021 (12) TMI 207 - RAJASTHAN HIGH COURT] and MON MOHAN KOHLI VERSUS ASSISTANT COMMISSIONER OF INCOME TAX & ANR. [2021 (12) TMI 664 - DELHI HIGH COURT] Explanations A(a)(ii)/A(b) to the Notifications dated 31st March, 2021 and 27th April, 2021 are declared to be ultra vires the Relaxation Act, 2020 and are therefore bad in law and null and void. All the impugned notices under Section 148 of the Income Tax Act are quashed with liberty to the Assessing Officers concerned to initiate fresh re- assessment proceedings in accordance with the relevant provisions of the Act as amended by Finance Act, 2021 and after making compliance of the formalities as required by the law. In addition, the impugned notice under Section 148 is also dismissed on the ground that the same has been issued in the name of non-existing company and the noticee has been amalgamated long before issuance of the impugned notice and this fact was officially intimated to the respondent Income Tax Authorities which is part of record and the learned Advocate appearing for the respondent Income Tax Authorities does not deny this fact. - Decided in favour of assessee.
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