2025 (11) TMI 929

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....e Tax Act, 1961 as per the provisions as stood till 31.03.2021. The petitioner has challenged the jurisdiction of the assessing officer for issuing the aforesaid notice before this Court in W.P. No.15567 of 2021. 2. By a common order dated 04.02.2022, the Division Bench of this Court quashed all notices in a batch of writ petitions. There, the Court had followed the views taken by the Allahabad High Court. Relevant portion from the order of the Division Bench dated 04.02.2022 is reproduced below: "19. In view of the ratio propounded by the Allahabad and Delhi High Courts on the subject, the reassessment notices under Section 148 of the Act of 1961 served on the petitioners on or after 1.4.2021 are set aside having been issued in....

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....material relied upon by the Revenue, so that the assessee's can reply to the show-cause notices within two weeks thereafter. (ii) The requirement of conducting any enquiry, if required, with the prior approval of specified authority under Section 148-A(a) is hereby dispensed with as a one-time measure vis-à-vis those notices which have been issued under Section 148 of the unamended Act from 1-4-2021 till date, including those which have been quashed by the High Courts. (iii) Even otherwise as observed hereinabove holding any enquiry with the prior approval of specified authority is not mandatory but it is for the assessing officers concerned to hold any enquiry, if required. (iv) The assessing officers shal....

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....f the Income-tax Act only to the extent of relaxing the time limit for issuance of a reassessment notice under section 148; (d) Taxation and other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 will extend the time limit for the grant of sanction by the authority specified under section 151. The test to determine whether Taxation and other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 will apply to section 151 of the new regime is this : if the time limit of three years from the end of an assessment year falls between March 20, 2020 and March 31, 2021, then the specified authority under section 151(i) has extended time till June 30, 2021 to grant approval; (e) In the case of section 151 o....

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....formation for the Assessment Year 2013-2014 has been relied by the Respondent from the information relevant for reopening the assessment for the Assessment Year 2014-2015. 7. The impugned notice pertains to the Assessment Year 2014-15 (Previous year 2013-14). The impugned notice, however, relies upon the Return of Income dated 05.09.2013 filed for the Assessment Year 2013-14 (Previous year 2012-13). 8. In fact, the impugned notice also states that "Later on it was noticed from the copy of P&L account and balance sheet that the firm has inter-alia claimed expenditure towards bad debts written off to the extent of Rs. 1,19,16,875/- in the P&L account for the year ended 31-03-2013 under the head Operational Expenditure and the same was a....