Issue of sec. 148 notice under old provisions; Calcutta HC admits writ challenging validity of TLA Act, 2020

Issue of sec. 148 notice under old provisions; Calcutta HC admits writ challenging validity of TLA Act, 2020

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Issue of sec. 148 notice under old provisions; Calcutta HC admits writ challenging validity of TLA Act, 2020

Bagaria Properties and Investments (P.) Ltd.
[2021] 128 taxmann.com 237 (Calcutta)
Short Overview of the case: 
The issue was with regard to Section 148A, read with section 148, of the Income-tax Act, 1961 and section 3 of the Taxation and other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020
The case was pertaining to the Income escaping assessment
Argument was regarding Conducting of inquiry& providing opportunity before issue of notice (TLA Act, 2020)
Case was related to Assessment years 2014-15 and 2015-16
Assessee filed an instant writ petition on ground that impugned reassessment notice was issued invoking section 3(1) of Taxation and other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 (TLA Act, 2020) without following mandatory statutory obligations under section 148A as inserted by Finance Act, 2021 with effect from 1-4-2021
It further challenged constutional validity of TLA Act, 2020
Whether since revenue could neither submit any evidence to show that provision of section 148A were followed before issuing reopening notice against assessee nor could deny allegations of assessee, matter was to be listed
 Held, yes
Conclusion :
Where assessee filed writ petition on ground that impugned reassessment notice was issued invoking section 3(1) of Taxation and other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 (TLA Act, 2020) without following mandatory statutory obligations under section 148A as inserted by Finance Act, 2021 with effect from 1-4-2021, matter was to be listed

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