Facts of the Case
- Multiple
writ petitions were filed before the Delhi High Court challenging
reassessment notices issued by the Income Tax Department.
- The
impugned notices were issued after 01 April 2021 but allegedly followed
the old reassessment provisions instead of the amended provisions.
- Petitioners
argued that the Finance Act, 2021 introduced a new reassessment scheme,
including Section 148A, which mandates prior inquiry and opportunity of
hearing.
- The
Revenue relied upon extensions granted under the Relaxation Act, 2020 to
justify issuance under the old regime.
Issues Involved
- Whether
reassessment notices issued after 01 April 2021 under the old provisions
of Section 148 are legally sustainable.
- Whether
the Relaxation Act, 2020 permits continuation of the old reassessment
regime beyond 01 April 2021.
- Whether
compliance with newly inserted Section 148A is mandatory for notices
issued post-amendment.
Petitioner’s Arguments
- The
impugned notices are invalid in law as they were issued without
following the mandatory procedure under Section 148A.
- After
01 April 2021, the old provisions ceased to exist, and any action
must conform to the amended law.
- The
Relaxation Act only extends time limits, not the substantive
provisions of law.
- Notices
issued without prior inquiry and opportunity violate principles of natural
justice.
Respondent’s Arguments
- The
Revenue contended that due to the Relaxation Act, the time limit for
issuing notices was extended, thereby validating the notices.
- It
was argued that the notifications allowed continuation of proceedings
under the old provisions.
- The
department maintained that procedural changes should not invalidate
actions taken within extended timelines.
Court Order / Findings
- The
Delhi High Court observed that post 01 April 2021, reassessment
proceedings must comply with the amended provisions.
- The
Court held that:
- The
Relaxation Act does not override substantive statutory amendments.
- The
new procedure under Section 148A is mandatory.
- The
Court relied on earlier judicial precedents including similar interim
relief granted by the Bombay High Court.
- Interim
protection was granted:
- Respondents
were restrained from taking coercive reassessment actions.
- Notices
were kept in abeyance pending further hearing.
Important Clarification by Court
- Delegated
legislation (notifications) cannot override statutory provisions
enacted by Parliament.
- Any
reassessment action after amendment must strictly follow the new
statutory framework.
- Extension
of time does not imply extension of obsolete legal provisions.
Relevant Sections Involved
- Section
147 – Income Escaping Assessment
- Section
148 – Issue of Notice for Reassessment
- Section
148A – Procedure before issuing notice (post-amendment)
- Section
149 – Time Limit for Notice
- Section
151 – Sanction for Issue of Notice
- Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020
Link to download the order -https://delhihighcourt.nic.in/app/case_number_pdf/2021:DHC:4501-DB/MMH03092021CW93552021_160120.pdf
Disclaimer
This content is shared strictly for general information and knowledge purposes only. Readers should independently verify the information from reliable sources. It is not intended to provide legal, professional, or advisory guidance. The author and the organisation disclaim all liability arising from the use of this content. The material has been prepared with the assistance of AI tools.
0 Comments
Leave a Comment