2024 (12) TMI 507

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ng disposed of. 2. In these Writ Petitions, the petitioner has challenged the notice issued under Section 148 of the Income Tax Act, 1961 as it stood prior to 01.04.2021 on 31.03.2021 for the respective Assessment Years. Earlier, the assessments were completed under Section 143(3) of the Income Tax Act, 1961 and was sought to be re-opened by virtue of the impugned notice dated 31.03.2021 which culminated in a speaking order dated 08.12.2021 and Assessment Order dated 30.03.2022 for the Assessment Year 2014-2015. Reasons that were furnished to the petitioner vide notice under Section 143(2) read with Section 147 of the Income Tax Act, 1961 refers to the purported credit in the Bank Account of an employee namely Meruva Sanjeeva Kumar by ca....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....f the Assessment after it was completed. 4. The petitioner has challenged the notice on the ground that the notice has been issued after 01.04.2021 and therefore without jurisdiction and ought to have been completed in accordance with the new provisions as in force from 01.04.2021 in terms of the decision of the Hon'ble Supreme Court in the case of Union of India and others Vs Ashish Agarwal, 2022 SCC Online SC 543. 5. It is also submitted that once the proceedings are without jurisdiction they go to the root of the matter and therefore notwithstanding the fact that speaking order was passed for the respective Assessment Year on 08.12.2021, the further proceedings which has culminated in the impugned Assessment order dated 30.03.2....