DINESH KUMAR AGARWAL Vs. INCOME TAX OFFICER

JUDGEMENT

(1.) The petitioner has challenged a notice of reassessment dtd. 19/4/2021 for the assessment year 2015-16. 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 v. Income Tax Officer and Anr. and other connected matters, we had quashed the reassessment notices making following observations:-

(3.) Elaborate provisions are made under Sec. 148A of the Act enabling the Assessing Officer to make enquiry with respect to material suggesting that income has escaped assessment, issuance of notice to the assessee calling upon why notice under Sec. 148 should not be issued and passing an order considering the material available on record including response of the assessee if made while deciding whether the case is fit for issuing notice under Sec. 148. There is absolutely no indication in all these provisions which would suggest that the legislature intended that the new scheme of reopening of assessments would be applicable only to the period post 1/4/2021. In absence of any such indication all notices which were issued after 1/4/2021 had to be in accordance with such provisions. To reiterate, we find no indication whatsoever in the scheme of statutory provisions suggesting that the past provisions would continue to apply even after the substitution for the assessment periods prior to substitution. In fact there are strong indications to the contrary. We may recall, that time limits for issuing notice under Sec. 148 of the Act have been modified under substituted Sec.