SUKHDEV INTERNATIONAL PRIVATE LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) These writ petitions involve identical issues. The petitioners assessees have challenged respective notices of re-assessment issued by the assessing officer. All these notices are issued after 1/4/2021 and pertain to the assessment period prior to the said date. According to the petitioners, these notices are issued under the provisions for re-assessment contained in the Income Tax Act, 1961, which prevailed period prior to 1/4/2021, in particular, in none of these cases the procedure laid down under Sec. 148-A of the Income Tax Act, which was inserted with effect from 1/4/2021 by the Finance Act, has been followed. The petitioners have, therefore, challenged the validity of these notices.

(2.) The revenue does not dispute these factual averments of the petitioners.

(3.) In a judgment delivered yesterday i.e. 27/1/2022 in the case of Sudesh Taneja v. Income Tax Officer and others [D.B. Civil Writ Petition No. 969/2022], the Division Bench in the identical circumstances quashed the impugned notices of re-assessment making following observations: