Twist in the Tale! Finally, Stay for Reassessment proceedings for non-compliance of procedure u/s 148A: Allahabad HC

Twist in the Tale! Finally, Stay for Reassessment proceedings for non-compliance of procedure u/s 148A: Allahabad HC

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Twist in the Tale! Finally, Stay for Reassessment proceedings for non-compliance of procedure u/s 148A: Allahabad HC

The total twist in the reassessment proceeding story wherein the notices are issued after 01/04/2021 under the old provision of section 148 without following the new provision of section 148A.
Division Bench of the Allahabad High Court comprising of Justice Naheed Ara Moonis and Justice Samumitra Dayal Singh has held that the reassessment notices issued under the old regime need to be quashed. It has disagreed with the view of the Chhatisgarh HC.
Above view was expressed pursuant to the writ petitions filed by the assessee wherein the notice issued pursuant to CBDT notification was challenged.
 
It may be recalled that the Chhattisgarh HC has already held that the notices issued under the old provision is a valid notice and accordingly reassessment can be carried out under the old regime even though the new procedure stipulated by section n148 is not followed. The copy of the judgement by Chhattisgarh is accessible at
https://thetaxtalk.com/2021/09/14/notice-u-s-148-2/
Now, there is a twist in the tale. Allhabad HC has quashed the reassessment proceeding.
There are the cases pending before other High court which has been reserved for the judgment. This High Courts includes the Bombay High Court, Delhi High Court, Calcutta High Court, Gujrat High Court, etc.
 
With the judgement of the Allahabad High Court, there are the chances that other High Court may follow the views expressed by Allahabad High Court.
It’s the time to wait and hold on for the taxpayers.
 
Other articles accessible on this topic are accessible at:
  1. https://thetaxtalk.com/2021/09/02/section-148//
  2. https://thetaxtalk.com/2021/08/17/new-section//
  3. https://thetaxtalk.com/2021/09/22/reply-to-the-notice/
  4. https://thetaxtalk.com/2021/08/12/calcutta-hc/

2 Comments

  1. November 11, 2022
    Shivam

    Kasganj

    Reply
  2. November 11, 2022
    8791061340

    Kasganj aroli Ambedkar park Makan number 306…8791061340

    Reply

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