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2022 (5) TMI 337 - HC - Income TaxReopening of assessment u/s 147 - Scope of new provision section 148A - challenge to issuance of impugned notice u/s 148 on the grounds that the same is barred by limitation and that the respondent-income tax authority concerned, before issuing the impugned notices u/s 148 has not observed the statutory formalities under section 148A 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 1961 Act on or after 1st April 2021 - HELD THAT:- As considered view that this case clearly falls under the amended Act relating to proceedings under section 147 of the Act under which issuance of notice under section 148A of the Act is mandatory before issuing any notice under section 148 of the amended Act which has not been complied with in this case. Considering the above facts and circumstances of the case and in view of the order of this court in the case of Bagaria Properties and Investment Private Limited & Anr. [2022 (1) TMI 742 - CALCUTTA HIGH COURT] and also in the case of Monoj Jain [2022 (1) TMI 741 - CALCUTTA HIGH COURT] the impugned notice under section 148 of the Act and all subsequent proceedings are not sustainable in law and the same are quashed. However, quashing of the impugned notice and proceeding will not debar the respondent-authority concerned to issue any fresh notice in future in accordance with law. This writ petition is allowed subject to payment of costs of Rs.5,000/- to the Calcutta High Court Legal Services Committee, since the impugned notice under section 148 of the Income Tax Act, 1961 has been issued on 31st March, 2021 as appears from record and this writ petition has been filed in April 2022, that is, almost after ten months from receipt of the impugned notice, without any explanation for such delay in filing this writ petition
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