2024 (6) TMI 1147

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....AVARAPU RAJESHWAR RAO For the petitioner : Sri A.V.A. Siva Kartikeya, Learned Counsel. For the Respondents : Ms. B. Sapna Reddy, Learned Counsel representing Sri J.V. Prasad, learned Standing Counsel appears for the respondents - Income Tax Department in W.P. No. 13831 of 2024, For the Respondents : Ms. J. Sunitha, Learned Junior Standing Counsel Appears Income Tax Department in W.P. No. ....

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.... on the joint request of the parties, the matters are analogously heard and decided by this common order. 3. It is common ground taken by the learned counsel for the petitioner(s) that in furtherance of Finance Act, 2021, reassessment process stood modified but the respondents have not taken care of it and therefore notices issued under Section 148 of the Income Tax Act, 1961 cannot sustain jud....

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....rily required to be undertaken under the substituted provisions as laid down under the Finance Act, 2021. In the absence of which, we are constrained to hold that the procedure adopted by the respondent- Department is in contravention to the statute i.e. the Finance Act, 2021, at the first instance. Secondly, it is also in direct contravention to the directives issued by the Hon'ble Supreme Court ....

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....raised by the petitioner is sustained and all these writ petitions stands allowed on this very jurisdictional issue. Since the impugned notices and orders are getting quashed on the point of jurisdiction, we are not inclined to proceed further and decide the other issues raised by the petitioner which stands reserved to be raised and contended in an appropriate proceedings. 38. Since the ....