2021 (9) TMI 940 - HC - Income Tax

Court upholds validity of Income Tax Act notices issued during pandemic, dismisses challenge

Shri Labtund Infrastructure Pvt. Ltd. Versus Principal Commissioner Of Income Tax Raipur, The Assistant Commissioner Income Tax Circle1 (1) Civil Lines, Raipur Chhattisgarh

Shri Labtund Infrastructure Pvt. Ltd. Versus Principal Commissioner Of Income Tax Raipur, The Assistant Commissioner Income Tax Circle1 (1) Civil Lines, ... Issues Involved:1. Validity of notice issued under Section 148 of the Income Tax Act, 1961.2. Applicability of Section 148A of the Income Tax Act, 1961.3. Impact of the Finance Act, 2021 and subsequent notifications on the issuance of notice under Section 148.Detailed Analysis:1. Validity of Notice Issued under Section 148 of the Income Tax Act, 1961:The petitioner challenged the notices dated 25.06.2021 and 30.06.2021 issued under Section 148 of the Income Tax Act, 1961. The petitioner argued that these notices were invalid as they were issued without following the procedure outlined in Section 148A, which came into effect on 01.04.2021. The petitioner contended that the Assessing Officer was required to conduct an enquiry and provide an opportunity for a hearing before issuing the notice, as mandated by Section 148A.2. Applicability of Section 148A of the Income Tax Act, 1961:The petitioner asserted that the amended Finance Act, 2021, which introduced Section 148A, required the Assessing Officer to conduct an enquiry with the prior approval of the specified authority and issue a detailed show cause notice before issuing a notice under Section 148. Since the notices in question were issued after the effective date of the amendment (01.04.2021), the petitioner argued that they were illegal and contrary to the provisions of Section 148A.3. Impact of the Finance Act, 2021 and Subsequent Notifications on the Issuance of Notice under Section 148:The respondents argued that due to the pandemic and lockdown, the Ministry of Finance had issued notifications extending the applicability of the old provisions of Section 148. These notifications extended the time limits for issuing notices under Section 148 until 30.06.2021. The respondents contended that the notices issued on 25.06.2021 and 30.06.2021 were within the extended time limits and were therefore valid and legal.The court examined the relevant notifications issued by the Ministry of Finance, which extended the time limits for issuing notices under Section 148 due to the pandemic. The notifications dated 31.03.2021 and 27.04.2021 extended the applicability of the old provisions of Section 148 until 30.06.2021. The court noted that these extensions were made under the Taxation & Others Laws (Relaxation & Amendment of Certain Provisions) Act, 2020, which allowed the Central Government to extend time limits specified under the Income Tax Act.The court held that the notifications issued by the Ministry of Finance were a form of conditional legislation, which allowed the executive to extend the applicability of the old provisions of Section 148 in light of the pandemic. The court found that this delegation of power to the Ministry of Finance was valid and did not amount to an abdication of legislative power. The court concluded that the notices issued on 25.06.2021 and 30.06.2021 were within the extended time limits and were therefore valid.Conclusion:The court dismissed the petition, holding that the notices issued under Section 148 on 25.06.2021 and 30.06.2021 were valid and legal, as they were issued within the extended time limits provided by the notifications issued by the Ministry of Finance. The court found that the extension of time limits was a valid exercise of delegated legislative power in response to the pandemic and lockdown.