TMI Blog2022 (5) TMI 337X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 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 un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2021 before issuance of notices under section 148 of the 1961 Act on or after 1st April 2021. Learned advocate for the respondent was asked as to whether final assessment order has already been passed or not in this case to which he submits that final assessment order has already been passed. He further submits on the basis of record that the impugned notice under section 148 of the 1961 Act, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2) 134 taxman.com 196 (Calcutta) and also in the case of Monoj Jain v. Union of India reported in (2022) 134 taxman.com 173 (Calcutta), 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 not ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
