Facts of the
Case
- Multiple writ petitions were filed challenging reassessment notices
issued after 1 April 2021 under the old provisions of Section 148.
- The Finance Act, 2021 introduced a new reassessment regime,
including Section 148A mandating prior inquiry and opportunity of hearing.
- Despite this, the Revenue issued notices under the old law,
claiming benefit of extended limitation under TOLA.
- Petitioners contended that such notices were invalid as they
ignored the amended statutory framework.
Issues
Involved
- Whether reassessment notices issued after 01.04.2021 under the old
provisions of Section 148 are legally valid.
- Whether the benefit of extension under TOLA permits application of
old reassessment provisions beyond 31.03.2021.
- Whether the amended provisions (Sections 147–151 as substituted)
are mandatory and applicable to all notices issued after 01.04.2021.
Petitioner’s
Arguments
- Notices issued under old Section 148 are invalid and without
jurisdiction post 01.04.2021.
- The amended provisions introduced by Finance Act, 2021 are mandatory
in nature, particularly Section 148A.
- TOLA only extends time limits and does not revive or extend the
applicability of repealed provisions.
- Issuance of notices without following the new procedure violates principles
of natural justice.
Respondent’s
Arguments
- The Revenue relied on TOLA, arguing that time limits for
issuing notices were extended till 30.06.2021.
- It was contended that the old provisions could still be invoked
during the extended period.
- The amendment was procedural and should not affect notices already
permissible under earlier law.
Court Order
/ Findings
- The Court observed that Finance Act, 2021 brought a complete
substitution of reassessment provisions.
- It held that any notice issued after 01.04.2021 must comply with
the new regime, including Section 148A.
- TOLA only extends limitation and cannot override or defer the
operation of substituted statutory provisions.
- The Court found prima facie that continuing to issue notices
under the old law defeats legislative intent.
- Interim protection was granted, and reassessment proceedings
pursuant to impugned notices were stayed.
Important
Clarification
- Delegated legislation (notifications under TOLA) cannot override
statutory amendments made by Parliament.
- The substitution of provisions signifies a complete replacement,
not mere amendment.
- Section 6 of the General Clauses Act does not save actions under repealed provisions when a new regime replaces the old one entirely.
Link to download the order -https://delhihighcourt.nic.in/app/case_number_pdf/2021:DHC:4492-DB/MMH06082021CW75092021_155145.pdf
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