TaxTMI 
TaxTMI 
2022 (3) TMI 536
X X X X Extracts X X X X
X X X X Extracts X X X X
....y other appropriate writ order or direction, thereby quashing 'the impugned notice no. ITBA/AST/S/148/2020-21/1032088407 (1) dated 31.03.2021 (served through email on 16.04.2021) (Annexure P/1) and the impugned notice no.ITBA/AST/F/142(1)/2021-22/1037509888(1) dated 6.12.2021 (Annexure P/6), for being void and illegal; II. To issue a Writ in the nature of Certiorari or any other appropriate writ order or direction, thereby quashing and setting aside the impugned Explanation to Clause (A) (a) of Notification No. 20/2021, dated 31.03.2021 (Annexure P/2) for being void and illegal; III. To issue a Writ in the nature of Certiorari, or any other appropriate writ order or direction, thereby quashing and setting aside the Exp....
X X X X Extracts X X X X
X X X X Extracts X X X X
....tioner/assessee. Thus, according to the petitioner no notice directly under section 148 of the Act, 1961 could have been issued on 16/04/2021 when the old section 148 stood omitted upon insertion of new section 148-A which came into force with effect from 1/04/2021. Thus, the petitioner submits that the impugned notice which is contained in Annexure P/1 dated 31/03/2021 (served through Email on 16/04/2021) be quashed. The petitioner has also sought quashing of the notice dated 6/12/2021 which is contained in Annexure P/6 as well as the notification dated 31/03/2021 contained in Annexure P/2 and also the notification dated 27/04/2021 contained in Annexure P/3. 3. To deal with the controversy involved in the matter, it is necessary to refe....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... been complied with.". 41. For section 148 of the Income-tax Act, the following section shall be substituted, namely:-- "148. Before making the assessment, reassessment or recomputation under section 147, and subject to the provisions of section 148A, the Assessing Officer shall serve on the assessee a notice, along with a copy of the order passed, if required, under clause ( d) of section 148A, requiring him to furnish within such period, as may be specified in such notice, a return of his income or the income of any other person in respect of which he is assessable under this Act during the previous year corresponding to the relevant assessment year, in the prescribed form and verified in the prescribed manner and settin....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... the information which suggests that the income chargeable to tax has escaped assessment (b) provide an opportunity of being heard to the assessee, with the prior approval of specified authority, by serving upon him a notice to show cause within such time, as may be specified in the notice, being not less than seven days and but not exceeding thirty days from the date on which such notice is issued, or such time, as may be extended by him on the basis of an application in this behalf, as to why a notice under section 148 should not be issued on the basis of information which suggests that income chargeable to tax has escaped assessment in his case for the relevant assessment year and results of enquiry conducted, if any, as per cla....
X X X X Extracts X X X X
X X X X Extracts X X X X
....der section 132 or requisitioned under section 132A, in case of any other person on or after the 1st day of April, 2021, pertains or pertain to, or any information contained therein, relate to, the assessee. Explanation.--For the purposes of this section, specified authority means the specified authority referred to in section 151." 4. The aforesaid newly inserted section 148-A now specifically provides for issuance of a notice if the Assessing Officer takes a decision to initiate re-assessment and therefore, a procedure has been laid down under section 148-A which is required to be adhered to by the Assessing Officer after 1/04/2021 i.e. the date on which the Finance Act, 2021 came into force. 5. The counsel for the parties were hear....