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2022 (10) TMI 551 - HC - Income TaxValidity of reopening of assessment u/s 147 - proceedings initiated by passing order u/s 148A(d) of the Act and issuing notice u/s 148 of the Act in the new regime - without taking into consideration the fact that the limitation for completing the re-assessment proceedings pursuant to the notice issued under Section 148 had already elapsed subsequently issued the impugned show cause notice under Section 148A(b) - HELD THAT:- This Court is of the view that the Respondent having issued and served the impugned notice on 31st March, 2021 under Section 148 of the unamended Act, could not have issued another notice under Section 148A(b) of the Act dated 2nd June, 2022 to the Petitioner. Further the directions given by the Supreme Court in Ashish Agarwal [2022 (5) TMI 240 - SUPREME COURT]were applicable to cases, where notices under Section 148 of the Act had been issued during the period 01st April, 2021 to 30th June, 2021 – which is not the case in the present matter. Consequently, the show cause notice dated 2nd June, 2022 as well as the order passed under Section 148A(d) of the Act and the notice issued under Section 148 of the Act, both dated 28th July, 2022, for the Assessment Year 2017-18 are quashed. This Court clarifies that it has not dealt with the legality and validity of the proceedings initiated vide show cause notice dated 31st March, 2021 issued under Section 148 of the unamended Act. If the law permits the Respondent-Revenue to take further steps in the matter, they shall be at liberty to do so. Needless to state that if and when such steps are taken and if the Petitioner has a grievance, it shall be at liberty to take its remedies in accordance with law.
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