Section 148 notices for AY 2015-16 declared invalid; reassessment, demand and penalty orders set aside as void The HC held that notices issued under section 148 for AY 2015-16 were invalid where they relied on provisions that had ceased to exist, following earlier ...
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Section 148 notices for AY 2015-16 declared invalid; reassessment, demand and penalty orders set aside as void
The HC held that notices issued under section 148 for AY 2015-16 were invalid where they relied on provisions that had ceased to exist, following earlier HC rulings. The section 148 notices are quashed and set aside; any reassessment orders, consequential demand or penalty notices arising therefrom are also quashed. The petitions succeeded to the extent of declaring such notices and resultant orders null and void.
Petitions held to be covered by this Court's decisions in Godrej Industries Ltd. v. Assistant Commissioner of Income Tax and Hexaware Technologies Limited v. Assistant Commissioner of Income Tax. Consequently, the notice dated 6th April 2024 issued under Section 148 of the Income Tax Act, 1961 is "quashed and set aside." Any re-assessment order passed pursuant thereto "will stand quashed." Similarly, "consequential demand notices or penalty notices will also stand quashed and set aside." Petition disposed accordingly. Any contention not covered by the Godrej Industries Ltd. and Hexaware Technologies decisions is kept open to be raised later, if the need arises.
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