JAYANT JOSHI Vs. INCOME TAX OFFICER

JUDGEMENT

(1.) The petitioner has challenged a notice of reassessment dtd. 19/4/2021 for the assessment year 2016-17. Learned counsel for the petitioner pointed out that the assessing officer has applied the old provisions of the Income Tax Act, 1961 for issuing notice and the procedure prescribed under Sec. 148A of the Act which was inserted with effect from 1/4/2021 has not been followed.

(2.) Under similar circumstances in a judgment dtd. 27/1/2022 passed in D.B. Civil Writ Petition No. 969/2022-Sudesh Taneja Vs. Income Tax Officer and Anr. and other connected matters, we had quashed the reassessment notices making following observations:-

(3.) With respect, we are unable to persuade ourselves to accept this analysis of the situation. In our understanding by virtue of notifications dtd. 31/3/2021 and 1/4/2021 issued by CBDT substitution of reassessment provisions framed under the Finance Act, 2021 were not deferred nor could they have been deferred. The date of such amendments coming into effect remained 1/4/2021.