2024 (5) TMI 1621 - HC - Income Tax

Notices under old rules for certain assessment years quashed; Section 148 notices after March 31, 2021 lack retrospective effect

HC held that notices and orders issued under the old provisions for the relevant assessment years are invalid in light of the court's earlier decision and ... Reopening of assessment under old regime - scope of new regime - scope of TOLA - as argued notice has been issued on the basis of the provisions which have ceased to exist and are no longer in the statute - Whether TOLA is applicable for AY 2015-2016 and whether any notice issued u/s 148 of the Act after 31st March 2021 will travel back to the original date? - HELD THAT:- All these petitions relate to different Assessment Years. We are informed by counsel for Petitioners that these Petitions will be covered by the judgment of this court in Hexaware Technologies Limited [2024 (5) TMI 302 - BOMBAY HIGH COURT] Therefore, the notices and orders impugned in these petitions are quashed and set aside. In case any re-assessment orders are passed, the same also will stand quashed. So also, consequential demand notices or penalty notices will also stand quashed and set aside. Petitions disposed accordingly. These petitions, concerning different assessment years, were adjudicated on the basis that they 'will be covered by the judgment of this court in Hexaware Technologies Limited v. Assistant Commissioner of Income Tax Circle 15(1)(2) Mumbai and Ors. 2024 SCC OnLine 1249.' Consequently, 'the notices and orders impugned in these petitions are quashed and set aside.' Any re-assessment orders, and 'consequential demand notices or penalty notices' arising therefrom, likewise stand quashed and set aside. Petitions are disposed accordingly. Any contention raised in the petitions that is not addressed by Hexaware Technologies (supra) is expressly 'kept open to be raised, should the need arise.'