SMARAN CHOUDHURY vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CENTRLA CIRCLE 4(1) KOLKATA AND ORS
What did the High Court hold?
The High Court, in view of the common question of law and similarity of facts, heard all the writ petitions together. The Court noted that the issues involved were covered by previous judgments of the Allahabad High Court, Rajasthan High Court, Delhi High Court, and crucially, by this Court's own orders dated January 17, 2022, in the cases of Manoj Jain and Bagaria Properties and Investment Private Limited. Consequently, the Court declared Explanations A(a)(ii)/A(b) to the notifications dated March 31, 2021, and April 27, 2021, to be ultra vires the Relaxation Act, 2020, and therefore bad in law and null and void. All the impugned notices issued under Section 148 of the Income Tax Act, 1961, were quashed. The assessing officers were granted liberty to initiate fresh re-assessment proceedings in accordance with the relevant provisions of the Act as amended by the Finance Act, 2021, and after complying with the prescribed legal formalities. No issue was expressly left undecided.
What were the facts?
The petitioners, Neha Kansal and others, are aggrieved by notices issued under Section 148 of the Income Tax Act, 1961. They contend these notices are barred by limitation and that the respondents, income-tax authorities, failed to observe the statutory formalities prescribed under Section 148A of the Act, as amended by the Finance Act, 2021, which became applicable from April 1, 2021. The petitions challenge the issuance of these Section 148 notices after March 31, 2021. The petitioners also seek a declaration that Explanations A(a)(ii)/A(b) to Notifications No. 20 and 38, which extend the applicability of Section 148, 149, and 151 as they stood on March 31, 2021, to periods beyond that date, are ultra vires the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020.
What were the issues?
1. Whether the impugned notices issued under Section 148 of the Income Tax Act, 1961, post-March 31, 2021, are barred by limitation and have been issued without observing the mandatory procedural formalities under Section 148A of the Act, as amended by the Finance Act, 2021? (Question of law and mixed fact and law, concerning Section 148 and Section 148A of the Income Tax Act, 1961). 2. Whether Explanations A(a)(ii)/A(b) to Notifications No. 20 [S.O. 1432 (E) dated 31st March 2021] and No. 38 [S.O.1703(E) dated 27th April 2021] are ultra vires the parent legislation, viz., The Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020, to the extent they extend the applicability of the provisions of Section 148, Section 149, and Section 151 of the Act, as they stood on March 31, 2021, to the period beyond March 31, 2021? (Question of law, concerning the interpretation of the Relaxation Act, 2020 and the aforementioned notifications). Assessee's Contentions: The assessees argued that the notices under Section 148 are barred by limitation and were issued without complying with the mandatory procedures under Section 148A. They also contended that the Explanations to the notifications extending the old provisions beyond March 31, 2021, are ultra vires the Relaxation Act, 2020. They relied on decisions from the Allahabad High Court in Ashok Kumar Agarwal, Rajasthan High Court in Bpip Infra Private Limited, Delhi High Court in Man Mohan Kohli, and this Court's own previous orders in Manoj Jain and Bagaria Properties and Investment Private Limited. Revenue's Contentions: No specific contentions were recorded for the revenue in the judgment.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
order. Common facts and issues are involved in all these writ petitions as appear on perusal of relevant record, and upon considering the submissions of the parties it appears that the petitioners are aggrieved by the issuance of the 2 impugned notices under section 148 of the Income Tax Act, 1961 on the grounds that the same are barred by limitation, and that the respondents-income-tax authorities concerned, before issuing the impugned notices under section 148 of the 1961 Act, have not observed the statutory formalities under section 148A of the 1961 Act as prescribed by the Finance Act, 2021 which are applicable with effect from 1st April 2021 before issuance of notices under section 148 of the 1961 Act on or after 1st April 2021. Issues arising in all the present writ petitions are purely legal, and in all these writ petitions the assessees/petitioners have sought relief of quashing of the impugned re-assessment notices issued post-31st March 2021 by the respondents-income tax authorities concerned under section 148 of the Income Tax Act, 1961. Assessees/petitioners have also sought relief by way of a declaration declaring Explanations A(a)(ii)/A(b) to Notification No. 20 [S.O. 1432 (E) dated 31st March 2021] and Notification No.38 [S.O.1703(E) dated 27th April 2021] to the extent that the same extend the applicability of the “provisions of section 148, section 149 and section 151 of the Act, as the case may be, as they stood as on 31st March 2021, before commencement of the Finance Act, 2021” to the period beyond 31st March 2021 as ultra vires the parent legislation, viz., The Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 (hereinafter referred to as “Relaxation Act, 2020”). At the outset, all the counsel appearing for the parties jointly submitted that the issues involved in these writ petitions are covered by the decision of the Division Bench of the Allahabad High Court dated September 30, 2021 in the case of Ashok Kumar Agarwal-vs-Union of India, through its Revenue Secretary, North Block & Ors. (Writ Tax No. 524/2021) decided in favour of the 3 assessees/petitioners, and an order of Rajasthan High Court dated November 25, 2021 in the case of Bpip Infra Private Limited-vs-Income Tax Officer, Ward 4(1), Jaipur (S.B. Civil Writ Petition No.13297/2021) and an order of the Delhi High Court dated December 15, 2021 in the case of Man Mohan Kohli-vs-Assistant Commissioner of Income Tax & Anr. [W.P. (C) 6176 of 2021] and a judgement and order of this court dated January 17, 2022 in the case of Manoj Jain-vs-Union of India & Ors. in WPA No.11950 of 2021 and also in the case of Bagaria Properties and Investment Private Limited & Anr. in WPO No.244 of 2021. In view of the judgements and orders of this court dated January 17, 2022 in the case of Manoj Jain-vs-Union of India & Ors. in WPA No.11950 of 2021 and in the case of Bagaria Properties and Investment Private Limited & Anr. in WPO No.244 of 2021, all these writ petitions herein are disposed of by allowing the same. Explanations A(a)(ii)/A(b) to the notifications dated March 31, 2021 and April 27, 2021 are declared to be ultra vires the Relaxation Act, 2020 and are, therefore, bad in law and null void. All the impugned notices under section 148 of the Income Tax, 1961 are quashed with liberty to the assessing officers concerned to initiate fresh re-assessment proceedings in accordance with the relevant provisions of the Act as amended by the Finance Act, 2021 and after making compliance of the formalities as required by the law. [Md. Nizamuddin, J]
4
More judgments on Section 148
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
- Adj Agri International LLP, Rajkot vs The Income Tax Officer, Ward-1(1)(1), RajkotITA 1198/RJT/2026[2018-19]Status: Disposed21 Oct 2026AY 2018-19
Recent GST High Court judgments
Search GST case law →- Dipanshu Aggarwal vs. Director General Of GST IntelligenceDelhi · 28 Oct 2026
- Dezinetree Projects PVT. LTD. vs. Spokes Digital Inc And AnrDelhi · 28 Oct 2026
- Jaydeep Jayantilal Hudaka vs. State Of GujaratGujarat · 28 Oct 2026
- Commissioner/Additional Commissioner Of Central Tax vs. M/S INDIA Agro Exports Private LimitedKarnataka · 28 Oct 2026
- Manoj Kumar Prop M K Steel Traders vs. Additional Commissioner, Central Goods And Services Tax & Anr.Delhi · 28 Oct 2026