TMI Blog2022 (6) TMI 752X X X X Extracts X X X X X X X X Extracts X X X X ..... would result in no reassessment proceedings at all, even if the same are permissible under the Finance Act, 2021 and as per substituted sections 147 to 151. Finally the Civil Appeals were allowed in part and judgments of the various High Courts have been modified and substituted. In v iew of the decision of the Apex court, the present batch of writ petitions would stand disposed of in terms of the judgment of the Supreme Court in Ashish Agarwal [ 2022 (5) TMI 240 - SUPREME COURT] . - WRIT PETITION Nos.33919, 23470, 26873, 27937, 30420, 30446, 30899, 34944, 34949, 34954, 34974, 36190 & 36912 of 2021 - - - Dated:- 9-6-2022 - THE HONOURABLE SRI JUSTICE UJJAL BHUYAN AND THE HONOURABLE MRS JUSTICE SUREPALLI NANDA FOR THE PETITIONE ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t has been inserted in the Act by way of recent amendment and which has come into effect from 01.04.2021. As per Section 148A of the Act, the assessing officer is required to conduct an enquiry with the approval of the specified authority with respect to the information suggesting that income chargeable to tax has escaped assessment prior to issuing any notice under Section 148 of the Act. He is also required to provide an opportunity of hearing to the assessee and to consider a reply of the assessee. Thereafter, under Section 148A(d) of the Act, he has to take a decision on the basis of the available materials including reply of the assessee as to whether it is a fit case for reopening and only thereafter and if he is satisfied that it is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the proceedings relating to past assessment years, provided section 148 notice has been issued on or after 1st April, 2021. We are in complete agreement with the view taken by the various High Courts in holding so. 8. However, taking the view that judgments of the High Courts would result in no re-assessment proceedings at all, Supreme Court proposed to modify the judgments and orders passed by various High Courts in the following manner: 8. However, at the same time, the judgments of the several High Courts would result in no reassessment proceedings at all, even if the same are permissible under the Finance Act, 2021 and as per substituted sections 147 to 151 of the IT Act. The Revenue cannot be made remediless and the objec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee under the substituted provisions of sections 147 to 151 of the IT Act and which may be available under the Finance Act, 2021 and in law. Therefore, we propose to modify the judgments and orders passed by the respective High Courts as under:- (i) The respective impugned section 148 notices issued to the respective assessees shall be deemed to have been issued under section 148A of the IT Act as substituted by the Finance Act, 2021 and treated to be show-cause notices in terms of section 148A(b). The respective assessing officers shall within thirty days from today provide to the assessees the information and material relied upon by the Revenue so that the assessees can reply to the notices within two weeks thereafter; (ii) The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tions, is/are hereby modified and substituted as under:- (i) The impugned section 148 notices issued to the respective assessees which were issued under unamended section 148 of the IT Act, which were the subject matter of writ petitions before the various respective High Courts shall be deemed to have been issued under section 148A of the IT Act as substituted by the Finance Act, 2021 and construed or treated to be show-cause notices in terms of section 148A(b). The assessing officer shall, within thirty days from today provide to the respective assessees information and material relied upon by the Revenue, so that the assesees can reply to the showcause notices within two weeks thereafter; (ii) The requirement of conducting an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts and orders passed by different High Courts on the issue and under which similar notices which were issued after 01.04.2021 issued under section 148 of the Act are set aside and shall be governed by the present order and shall stand modified to the aforesaid extent. The present order is passed in exercise of powers under Article 142 of the Constitution of India so as to avoid any further appeals by the Revenue on the very issue by challenging similar judgments and orders, with a view not to burden this Court with approximately 9000 appeals. We also observe that present order shall also govern the pending writ petitions, pending before various High Courts in which similar notices under Section 148 of the Act issued after 01.04.2021 are und ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
