SANDEEP DARA Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition involves identical issues. The petitioner assessee has challenged the notice of re-assessment issued by the assessing officer. The notice is issued after 1/4/2021 and pertains to the assessment period prior to the said date. According to the petitioner, the notice is 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 this case 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 petitioner has, therefore, challenged the validity of the notice.

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

(3.) In a judgment delivered on 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: