2025 (8) TMI 1735

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....notices issued under section 148 of the Income Tax Act, 1961 (for short "the Act") for the Assessment Year 2015-2016 under the old regime in view of TOLA without issuing notice under section 148A(b) as required to be issued with effect from 01.04.2021. 3. Notice under section 148 under Taxation and Other Laws (Relaxation of Certain Provisions) Ordinance, 2020 [(2020) 422 ITR (St.) 116] (For short "TOLA") was issued on 04.06.2021 whereas notice under section 148A(b) of the Act after judgment in case of Union of India and others v. Ashish Agarwal reported in (2022) 444 ITR 1 (SC) was issued on 31.05.2022. 4. The respondent Assessing Officer has issued notice under section 148 of the Act after 31.03.2021 on the pretext that due to operat....

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....s per the provisions of section 149 of the Act which has come into operation after 01.04.2021 as well as validity of sanction granted under section 155 of the Act. 9. During the course of hearing before the Hon'ble Apex Court, Revenue conceded to the effect that so far as Assessment Year 2015-2016 is concerned, Revenue could not have issued the notices under section 3(1) of TOLA as considering the time period as prescribed under section 149 of the Act with effect from 01.04.2021, three years would be over on 31.03.2019 which is prior to coming into force of TOLA and six years would be completed on 31.03.2022 which is after operation of TOLA. In such circumstances, notices for Assessment Year 2015-2016 are held to be invalid by Hon'ble Ap....

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....t writ petition, but leaves it open to the Petitioner to raise all grounds available to the Petitioner in accordance with law including the grounds urged in the present petition at the appropriate stage as explained by the Court in those orders. 3. The writ petition is disposed of in the above terms." 3. We heard Mr. Saswat Kumar Acharya, the learned counsel appearing for the appellants(assessee) and Mr. Chandrashekhar, the learned counsel appearing for the revenue. 4. The learned counsel appearing for the revenue with his usual fairness invited the attention of this Court to a three judge bench decision of this Court in Union of India and Ors. v. Rajeev Bansal, reported in 2024 SCC OnLine SC 2693, more particular....

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....ecial Leave Petition (Civil) Diary No. 57209/2024; 2) The Income Tax Officer Ward 1(2) Jaipur vs. R.K. Build Creations Private Limited in Special Leave Petition (Civil) Diary No. 59625/2024. 12. The Delhi High Court has also passed the similar order in following cases: 1) Bhagwan Sahai Sharma vs. Deputy Commissioner of Income Tax reported in [2025] 174 taxmann.com 14 (Delhi) 2) Lalit Gulati vs. Assistant Commissioner of Income Tax reported in [2025] 174 taxmann.com 273 (Delhi); 13. The Punjab and Haryana High Court has taken similar decision in case of Jay Jay Agro Industries vs. Income Tax Officer, Ward-I, Karnal & Anr in CWP 7405/2025. 14. Rajasthan High Court has also taken similar decision in case of ....