AI OCR 
TaxTMI 
TaxTMI 
TaxTMI 
2022 (6) TMI 752
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....Kumar, Mr. C.P.Ramaswami, Mr. M.Naga Deepak, Mr. K.Vijay Kumar, Ms. G.Sumathi, Mr. Gandham Durga Bose, Mr. T.Archan Kumar, Mr. Dundu Manmohan & Mr. Dundu Sashank Manmohan, learned counsel for the petitioners. We have also heard Mr. B.Narasimha Sarma, Mr. J.V.Prasad & Mr. A.Radha Krishna, learned Standing Counsel for Income Tax Department for the respondents as well as Mr. B.Mukherjee, learned counsel appearing on behalf of Mr. N.Rajeshwar Rao, learned Assistant Solicitor General of India appearing on behalf of Union of India. 2. In all the writ petitions in this bunch, challenge has been made to the legality and validity of notices issued by the assessing officer under Section 148 of the Income Tax Act, 1961 (briefly referred to hereinafte....
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....d. 6. In all the writ petitions, notices were issued and the impugned notices have been stayed. 7. It may be mentioned that several High Courts had passed judgments setting aside such notices including the High Court of Judicature at Allahabad in Writ Tax No.524/2021, against which Union of India filed Special Leave Petitions. On leave being granted, Civil Appeal No.3005/2022 (Union of India vs. Ashish Agarwal) along with other connected Civil Appeals were heard by the Supreme Court and decided vide the judgment and order dated 04.05.2022, which has since been reported in 2022 SCC Online SC 543. After analysing the provisions of the Act from Sections 147 to 151 of the Act, more particularly the provisions contained in Section 148A of the ....
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....me ought not to have been issued under the unamended Act and ought to have been issued under the substituted provisions of sections 147 to 151 of the IT Act as per the Finance Act, 2021. There appears to be genuine non-application of the amendments as the officers of the Revenue may have been under a bonafide belief that the amendments may not yet have been enforced. Therefore, we are of the opinion that some leeway must be shown in that regard which the High Courts could have done so. Therefore, instead of quashing and setting aside the reassessment notices issued under the unamended provision of IT Act, the High Courts ought to have passed an order construing the notices issued under unamended Act/ unamended provision of the IT Act as tho....
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.... (iii) The assessing officers shall thereafter pass an order in terms of section 148A(d) after following the due procedure as required under section 148A(b) in respect of each of the concerned assessees; (iv) All the defences which may be available to the assessee under section 149 and/or which may be available under the Finance Act, 2021 and in law and whatever rights are available to the Assessing Officer under the Finance Act, 2021 are kept open and/or shall continue to be available and; (v) The present order shall substitute/modify respective judgments and orders passed by the respective High Courts quashing the similar notices issued under unamended section 148 of the IT Act irrespective of whether they have been assailed before....
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....ved hereinabove holding any enquiry with the prior approval of specified authority is not mandatory but it is for the concerned Assessing Officers to hold any enquiry, if required; (iii) The assessing officers shall thereafter pass orders in terms of section 148A(d) in respect of each of the concerned assessees; Thereafter after following the procedure as required under section 148A may issue notice under section 148 (as substituted); (iv) All defences which may be available to the assesses including those available under section 149 of the IT Act and all rights and contentions which may be available to the concerned assessees and Revenue under the Finance Act, 2021 and in law shall continue to be available." 10. Supreme Court also ....