2021 (12) TMI 207 - HC - Income Tax

Invalidity of Income Tax Act Section 148 Notices under Finance Act 2021

The court held that reassessment notices issued under Section 148 of the Income Tax Act, 1961, were invalid as they did not comply with the new provisions ... Reopening of assessment u/s 147 - re-assessment notice issued under the erstwhile section147/148 after 1.4.2001 without following the mandate of new section 148A - petitioners are aggrieved of issuance of the re-assessment notice u/s.148 which according to the petitioners is barred by limitation and that the respondent before issuing the notice under Section 148 of the Act has not followed the mandatory procedure prescribed under Section 148A of the Act as prescribed by the Finance Act, 2021 and applicable w.e.f. 01.04.2021 - HELD THAT:- The issue involved in these writ petitions has been considered and decided in ASHOK KUMAR AGARWAL VERSUS UNION OF INDIA THROUGH ITS REVENUE SECRETARY NORTH BLOCK AND 2 OTHERS [2021 (10) TMI 517 - ALLAHABAD HIGH COURT] in favour of assessee. Issues Involved:1. Validity of reassessment notices issued under Section 148 of the Income Tax Act, 1961.2. Applicability of the Finance Act, 2021 and the Enabling Act on reassessment proceedings.3. Compliance with procedural requirements under Section 148A of the Income Tax Act, 1961.Detailed Analysis:Issue 1: Validity of Reassessment Notices Issued Under Section 148 of the Income Tax Act, 1961The petitioners challenged the reassessment notices issued under Section 148 of the Income Tax Act, 1961, arguing that these notices were barred by limitation and did not comply with the mandatory procedures prescribed under Section 148A of the Act, as amended by the Finance Act, 2021, effective from 01.04.2021. The court noted that the Division Bench of the Allahabad High Court in 'Ashok Kumar Agarwal Vs. Union of India' had already addressed this issue, concluding that the reassessment notices issued after 01.04.2021 must comply with the new provisions introduced by the Finance Act, 2021. Consequently, the reassessment notices issued to the petitioners were quashed.Issue 2: Applicability of the Finance Act, 2021 and the Enabling Act on Reassessment ProceedingsThe court examined whether the reassessment proceedings initiated after 01.04.2021 should adhere to the provisions of the Finance Act, 2021, which introduced Section 148A, replacing the old provisions of Sections 147 and 148. The court emphasized that the Finance Act, 2021, substituted the old provisions with new ones, and in the absence of any saving clause, the old provisions could not be applied to reassessment proceedings initiated after 01.04.2021. The court rejected the argument that the Enabling Act and its notifications could extend the applicability of the old provisions beyond 31.03.2021, stating that the Enabling Act only extended timelines and did not save the old provisions. Therefore, reassessment proceedings initiated after 01.04.2021 must comply with the new provisions introduced by the Finance Act, 2021.Issue 3: Compliance with Procedural Requirements Under Section 148A of the Income Tax Act, 1961The court highlighted the mandatory procedural requirements under Section 148A of the Income Tax Act, 1961, as introduced by the Finance Act, 2021. It was noted that the revenue authorities must follow these procedures before issuing reassessment notices. Since the reassessment notices in question were issued without complying with these mandatory procedures, they were deemed invalid. The court reiterated that the assessing authorities could initiate reassessment proceedings in accordance with the new provisions, provided they complied with the procedural requirements under Section 148A.Conclusion:The court concluded that the reassessment notices issued to the petitioners under Section 148 of the Income Tax Act, 1961, were invalid as they did not comply with the new provisions introduced by the Finance Act, 2021, and the mandatory procedures prescribed under Section 148A. The court quashed the reassessment notices but allowed the assessing authorities to initiate fresh reassessment proceedings in accordance with the amended provisions, ensuring compliance with the procedural requirements. The judgment emphasized the need to harmonize the provisions of the Finance Act, 2021, and the Enabling Act, and upheld the principle that delegated legislation cannot override principal legislation.