TaxTMI 
TaxTMI 
2025 (11) TMI 1964
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....") under the new regime as in force with effect from 01.04.2021 for the Assessment Year 2014-2015. 2. The impugned Section 148A(b) Notice dated 31.07.2022 was issued to the Petitioner under the new regime as in force with effect from 01.04.2021 in the light of the Judgment of the Hon'ble Supreme Court in Union of India and others Vs. Ashish Agarwal, (2023) 1 SCC 617 / 2022 SCC Online SC 543 on 04.05.2022 which decision stood clarified by the decision of the Hon'ble Supreme Court in Union of India Vs. Rajeev Bansal, 2024 SCC Online SC 2693 / [2024] taxmann.com 70. 3. The facts on record reveal that the impugned Section 148A(b) Notice dated 31.07.2022 was issued in the name of the Petitioner after the Petitioner's Company took over the ....
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....'ble Supreme Court. 9. The learned counsel for the Petitioner would rely on the decisions of this Court in the following two cases:- i. Vellore Institute of Technology, Represented by its Chairman and Managing Trustee Vs. Assistant Commissioner of Income Tax (Exemptions), Chennai in W.P.No.22385 of 2022 vide Order dated 30.06.2023. ii. M/s. Merton Vs. The Deputy Commissioner of Income Tax, Chennai and another in W.P.No.26782 of 2022 vide Order dated 22.01.2025. 10. It is submitted by the learned counsel for the Petitioner that having passed an order based on the Return of Income that was filed on 28.11.2024 which ultimately culminated in the Assessment Order dated 28.03.2022 under Section 147 read with Section 144 of....
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....6. It must be observed that once the re-assessment proceedings initiated with issuance of Section 148 Notice under the old regime as in force till 30.06.2021 has already been completed on the earlier set of facts with the issuance of an Assessment Order dated 28.03.2022 under Section 147 of the Act based on the earlier set of facts, the Department cannot reopen the assessment on the basis of the decision of the Hon'ble Supreme court in Ashish Agarwal case (cited supra). 17. The principle laid down in Ashish Agarwal case (cited supra) and Rajeev Bansal case (cited supra) applies only in cases where the assessment was yet to be completed and no Assessment or Re-Assessment Order had been passed earlier. Only in such cases, a fresh Notice un....
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....ective assessee which were issued under unamended Section 148 of the IT Act, which were the subject-matter of writ petitions before the various respective High Courts shall be deemed to have been issued under Section 148-A of the IT Act as substituted by the Finance Act, 2021 and construed or treated to be show-cause notices in terms of Section 148-A(b). The assessing officer shall, within thirty days from today provide to the respective assessee information and material relied upon by the Revenue, so that the assessee can reply to the show-cause notices within two weeks thereafter. 28.2. The requirement of conducting any enquiry, if required, with the prior approval of specified authority under Section 148-A(a) is hereby dispensed....