2026 (5) TMI 1425

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..... The petitioner in the instant case challenges, inter alia, the legality, validity and the sustainability of the show-cause notice dated 25th November 2025 for the assessment year 2015-16 issued under Section 148A(b) of the Income Tax Act, 1961 (hereinafter referred to as the Said Act) along with notices issued under Section 148A (d) and 148 dated 29th January, 2026. 2. The petitioner in the instant case submits that the show-cause notice has been wrongly issued under Section 148A(b) of the said Act since there has been an amendment to that effect from 01.09.2024. 3. The notice issued under Section 148 of the said Act for the relevant Assessment Year is barred by limitation in view of the amendment to Section 149 of the said Act with....

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....impugned judgment in each appeal is set aside and the instant appeals are disposed of by remitting the matters to the jurisdictional High Courts for redetermination of the issues. As observed above, the High Courts shall firstly determine whether the matters pertain to Assessment Year 2015-16. If it is found to be so, no further adjudicatory exercise shall be required to be undertaken by the High Court, except to declare the notices as being time-barred in light of Rajeev Bansal (Supra). However, if it is found that the case does not pertain to Assessment Year 2015-16, then all the issues shall be resolved in terms of the order dated 10.04.2026 passed in Civil Appeal No. 4716 of 2026." 6. Per contra, Learned Counsel appearing for the res....

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....nt Year 2015-16, being six years from the end of the relevant assessment year under the unamended Section 149(1) (b) of the said Act. 11. Having heard the parties upon considering the materials available on records I am of the considered view that the issue of the validity of reassessment proceedings, including determination of the applicability for Assessment Year 2015-16 are no longer res integra as it has been observed in paragraph 5, 6 and 7 of the judgment of the Hon'ble Apex Court in the case of the Income Tax Officer and Anr Vs. Sai Kumar Mateti wherein it has been observed categorically that after amendment with effect from 01.09.2024 all reassessment proceeding must conform to the amended provisions of Section 149 of the said Ac....