2025 (10) TMI 859

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....i Goel, learned counsel and Shri Dhananjay Awasthi, learned counsel for revenue. 2. Present writ petitions have been filed to assail the re-assessment proceedings initiated against the petitioners. Details of the same are disclosed hereinbelow: S.I.No Writ Number Party Name Assessment Year Date of Notice 1 3702 of 2025 Arjun Sahu 2023-2024 23.03.2025 2 3703 of 2025 Syed Quamer Abbas Zaidy 2023-2024 20.03.2025 3 3704 of 2025 Shashi Kiran 2021-2022 27.03.2025 4 3705 of 2025 Nikhil Nirwal 2023-2024 25.03.2025 3. Common submissions have been advanced. Accordingly all four writ petitions are being disposed of by this order. 4. Submission is, the re-assessment not....

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....before 01.09.2024, the Assessing Authority is not obligated or required by law to give any opportunity to raise objections to assumption of jurisdiction to re-assess them. Once the petitioners filed their return and participated in the proceedings, they will have ample opportunity, to dispute the assessment being proposed. 8. Having heard learned counsel for parties and having perused the records, it appears that the objection being raised by the revenue is hyper technical to be adjudicated, at this stage. Even if the objection being raised by the revenue were to be sustained, it may never be denied prior to the introduction of statutory law under Section 148-A there existed binding precedential law under the GKN Driveshafts (India) Ltd ....

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....ngs, yet, equally binding effect in law would force the Assessing Authority to afford such opportunity under the precedential law that pre-existed that statutory provision. 11. The force of law created by virtue of Article 141 of the Constitution of India has not been diluted or done away by any of the amendments made to the Income Tax Act, 1961. 12. Even otherwise, we find that the rule of law introduced by GKN Driveshafts (supra), is deeply entrenched in our jurisprudence as also finds reverberate in the statutory principle contained in Section 148-A of the Income Tax Act, 1961. 13. Consequently, we find no reason to allow the revenue an unfair advantage at this stage, by proceeding to initiate re-assessment proceedings against t....