TMI Blog2022 (8) TMI 140X X X X Extracts X X X X X X X X Extracts X X X X ..... he formalities of which have not been observed and complied with, and as such, the same is bad in law - HELD THAT:- As decided in UNION OF INDIA ORS. VERSUS VERSUS ASHISH AGARWAL [ 2022 (5) TMI 240 - SUPREME COURT] 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 th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... above holding any enquiry with the prior approval of specified authority is not mandatory but it is for the concerned Assessing Officers to hold any enquiry, if required; AO shall thereafter pass orders in terms of section 148A(d) in respect of each of the concerned Assessees; Thereafter after following the procedure as required under section 148A may issue notice under section 148 (as substitu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is Court stating that after the amendment brought into Section 148 by the Finance Act of 2021, the procedure under Section 148A had to be followed before re-assessment proceedings were initiated by the Department. 2. Today, when the matter is taken up for consideration, it is the submission of the learned counsel appearing for the petitioners in these cases that the matter now stands covered by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... strued 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 any enquiry, if required, with the prior approval of s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e available under section 149 of the IT Act and all rights and contentions which may be available to the concerned Assessees and Revenue under the Finance Act, 2021 and in law shall continue to be available. 3. The learned Standing Counsel appearing for the Department does not dispute the above position and states that the judgment of the Supreme Court covers these matters also. According ..... X X X X Extracts X X X X X X X X Extracts X X X X
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