2022 (12) TMI 186

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.... Advocate ORDER Present petition under Article 226 of the Constitution of India has been filed assailing notice dated 22.04.2021(Annexure P/3), CBDT Instructions dated 11.05.2022(Annexure P/7), order dated 19.07.2022 (Annexure P/11) passed Section 148(A)(d) of Income Tax Act, 1961 and notice dated 19.07.2022 (Annexure P/12) issued under Section 148 of the Income Tax Act, 1961 passed by the respondents/authorities on the ground that the same are in violation of the judgment dated 04.05.2022 passed by Hon'ble Supreme Court in the case of Union of India and others vs. Ashish Agarwal (Civil Appeal No.3005 of 2022). 2. It is submitted that the authorities have misinterpreted the judgment of Hon'ble Supreme Court and by way of colorable ....

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....ome Tax Act, 1961 may be deemed to have been issued under Section 148A of the Income Tax Act, 1961 as substituted by the Finance Act, 2021 and construed or treated to be a show cause notice in terms of Section 148 A(b) of the Income Tax Act, 1961 and granted 30 days' time to the Assessing Officer to provide the respective assessees information and material relied upon by the revenue so that the assessees can reply to the show cause notices within two weeks thereafter. It is contended that in view of the modified directions issued by Hon'ble Supreme Court in the aforesaid case, the authorities have again issued the impugned notices of assessment asking a response within 30 days from the petitioner. As far as contention of the petitioner that....

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....ection 148 of the Act beyond the period of limitation, therefore, the present petition is maintainable. 6. Heard the learned counsel for the parties and perused the record. 7. From a perusal of the record, it is seen that a controversy came up before the Hon'ble Supreme Court in the case Ashish Agarwal (supra) wherein the Hon'ble Supreme Court has held as under: "10. In view of the above and for the reasons stated above, the present Appeals are ALLOWED IN PART. The impugned common judgments and orders passed by the High Court of Judicature at Allahabad in W.T. No.524/2021 and other allied tax appeals/petitions, is/are hereby modified and substituted as under: - (i) The impugned section 148 notices issued to the respe....

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....ing 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. 11. The present order shall be applicable PAN INDIA and all judgments and orders passed by different High Courts on the issue and under which similar notices which were issued after 01.04.2021 issued under section 148 of the Act are set aside and shall be governed by the present order and shall stand modified to the aforesaid extent. The present order is passed in exercise of powers under Article 142 of the Constitution of India so as to avoid any further appeals by the Revenue on the very issue by challenging similar j....