Notices issued after 01.04.2021 are valid notice- SC order likely in the next Week
Notices issued after 01.04.2021 are valid notice- SC order likely in the next Week
SLP was filed by the Department against the High Court orders wherein the validity of notices issued after 01.04.2021 was decided in favour of the assessee.
Lot many intervention applications were also filed against this SLP. The hearing for notice under Section 148 has been closed and first round of the controversy as far as notice issued u/ s 148 appears to have ended with this.
As against the normal expectation, the issue is now decided by the Hon’ble Supreme Court in favour of the Revenue.
With this, order of all the High courts are undone and the order of Chhatisgarh High Courts is validated by the Hon’ble SC.
Now, Earlier section 148 notice shall be treated as notice under 148A notice and compliance as per Section 148A.
The hearing is closed by the Hon’ble Supreme court and is now reserved for order. It is expected that the order will be passed in the Next Week. The discussion amongst the arguing team of advocates suggests that the Hon’ble Court may invoke Article 142 to validate the notices issued earlier u/s 148.
There will be lot many cases where the proceeding has almost become time barred. The anticipated pronouncement as discussed above may create another round of chaos and litigation. If it happens so, the courts will now again be flooded with the new set of writ petitions.
The records of proceeding of the Supreme court of 20.04.2022 is as under:
