Petitioners succeed in challenge; orders and notices under sections 148A(d) and 148 IT Act quashed and set aside

Petitioners' challenge to reopening assessments prevailed: relying on the precedent in New India Assurance Co. Ltd., HC quashed and set aside the impugned orders under section 148A(d) and the notices issued under section 148 of the Income Tax Act in the respective petitions. All petitions were disposed, and any consequential notices or orders were likewise quashed and set aside.

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Issues: (i) Whether the impugned orders passed under Section 148A(d) of the Income-tax Act, 1961 and the notices issued under Section 148 of the Income-tax Act, 1961 in the present petitions are sustainable.

Analysis: The petitions were considered in light of the judgment in New India Assurance Co. Ltd. v. Assistant Commissioner of Income Tax, Circle 3(2)(1), Mumbai & Ors. 2024 SCC OnLine Bom 146, which the Court held covers the present matters. The legal framework involves the provisions governing reopening of assessments and issuance of notices under Section 148 and the procedural requirement in Section 148A(d) of the Income-tax Act, 1961. Applying that precedent and the statutory framework, the Court examined whether the impugned notices and orders complied with the statutory and precedent requirements and found them to be unsustainable.

Conclusion: The impugned orders under Section 148A(d) and the notices issued under Section 148 are quashed and set aside; consequential notices or orders, if any, are also quashed and set aside.

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