2023 (2) TMI 1296 - HC - Income Tax

Tax Notices Quashed: Simultaneous Appeal Pending Proceedings Ruled Invalid Under Income Tax Act Sections 148A & 148.

The HC quashed the impugned notices and order issued under Sections 148A(b), 148A(d), and 148 of the Income Tax Act, as an appeal was pending against the ... Validity of re-assessment - notice issued u/s 148 [i.e., the old regime] - order passed u/s 148A(d) - two consequetive proceedings - HELD THAT:- Both Appellant and respondent say that both proceedings cannot go on, as indicated in our order [2023 (1) TMI 1372 - DELHI HIGH COURT] Accordingly, the impugned notices and order are quashed. In view of the aforesaid, counsel for the parties agree that the order passed u/s 270A of the Income Tax Act 1961 and the order titled “Closure of duplicate assessment/re-assessment e-Proceedings-Reg” shall dissolve. As is obvious, the fate of the petitioner will be determined as per the original assessment order dated 28.03.2022. Issues:Challenge to notice dated 25.05.2022 under Section 148A(b) of the Income Tax Act, 1961, order dated 31.07.2022 under Section 148A(d) of the Act, and consequential notice of 31.07.2022 under Section 148 of the Act.Analysis:The petitioner contested the impugned order and notices, arguing that they cannot stand as the revenue had already issued an assessment order dated 28.03.2022 under Section 147 read with Section 144B of the Act. The petitioner had also appealed this order to the CIT(A). The assessment order of 28.03.2022 was initiated by a notice under Section 148 of the Act from 31.03.2021. The petitioner's counsel highlighted that the AO's statement in the order of 31.07.2022, declaring the previous order as 'non est,' was legally flawed since the AO, having acted under the old regime, was functus officio. The court found the impugned order and notices unsustainable as an appeal was pending against the earlier assessment order.Further Analysis:Upon return with instructions, the respondents' counsels agreed that both proceedings could not continue as per the court's previous order. Consequently, the impugned notices and order were quashed. The parties also agreed to dissolve other related orders passed under different sections of the Income Tax Act. The fate of the petitioner would be determined based on the original assessment order of 28.03.2022. The writ petition was disposed of accordingly, and the pending application was closed.