SHREE AMBEY EXPORTS PRIVATE LIMITED vs. INCOME TAX OFFICER, WARD NO. 11(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. It relied on its own previous judgment dated January 17, 2022, in the case of Manoj Jain Vs. Union of India & Ors. and Bagaria Properties and Investment Private Limited & Anr. The Court held that Explanations A(a)(ii)/A(b) to the Notifications dated March 31, 2021, and April 27, 2021, are ultra vires the Relaxation Act, 2020. Consequently, these explanations were declared bad in law and null and void. All impugned notices issued under Section 148 of the Income Tax Act were quashed. The Assessing Officers were granted liberty to initiate fresh reassessment proceedings in accordance with the amended provisions of the Act by the Finance Act, 2021, and after complying with all legal formalities. No issue was expressly left undecided.
What were the facts?
The petitioners, Amritvani Dealer Pvt. Limited and others, are aggrieved by notices issued under Section 148 of the Income Tax Act, 1961. They contend that these notices are barred by limitation and that the respondent Income Tax Authority failed to observe the statutory formalities prescribed under Section 148A of the Act, which became applicable from April 1, 2021. The petitioners are challenging the validity of Explanations A(a)(ii)/A(b) to Notifications No. 20 and 38, which extended the applicability of pre-amended Section 148, 149, and 151 to periods beyond March 31, 2021. They argue these explanations 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 whether the statutory formalities under Section 148A were complied with, turning on the interpretation of Finance Act, 2021 and Section 148A. 2. Whether Explanations A(a)(ii)/A(b) to Notifications No. 20 and 38, extending the applicability of pre-amended Sections 148, 149, and 151 beyond March 31, 2021, are ultra vires the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020, a question of law. Assessee's Contentions: The assessees argued that the notices are barred by limitation and that the mandatory procedural requirements of Section 148A were not followed. They also contended that the aforementioned Explanations to the Notifications are ultra vires the parent legislation, the Relaxation Act, 2020. Revenue's Contentions: The judgment does not record specific contentions made by the revenue.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
common judgement and order.
3 Common facts and issues involved in all these Writ Petitions as appear on perusal of relevant record and upon considering the submissions of the parties are that the petitioners are aggrieved by the issuance of impugned notices under Section 148 of the Income Tax Act, 1961 on the ground that the same are barred by limitation and the respondent Income Tax Authority concerned, before issuing the impugned notices under Section 148 of the Income Tax Act, have not observed the statutory formalities under Section 148 A of the Income Tax 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 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 respondent Income Tax Authority concerned under Section 148 of the Income Tax Act, assessees/petitioners have also sought relief by way of a declaration declaring Explanations A(a)(ii)/A(b) to the 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 the 31st March, 2021, before the 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’).
4 At the outset, all the counsels 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 30th September, 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 assessees/petitioners on 30.09.2021 and order of Rajasthan High Court dated 25th November, 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 the order of Delhi High Court 15th December, 2021 in the case of Man Mohan Kohli –vs- Assistant Commissioner of Income Tax & Anr. In (W.P. (C) 6176 of 2021) and judgement and order of India & Ors. In WPA No. 11950 of 2021 and in the case of Bagaria Properites and Investment Private Limited & Anr. In WPO 244 of 2021. In view of judgement and order of this Court dated 17th January, 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 31st March, 2021 and 27th April, 2021 are declared to be ultra vires the Relaxation Act, 2020 and are therefore bad in law and null and void. All the impugned notices under Section 148 of the Income Tax Act are quashed with liberty to the Assessing Officers concerned to initiate fresh re- assessment proceedings in accordance with the relevant provisions of the 5 Act as amended by Finance Act, 2021 and after making compliance of the formalities as required by the law. Urgent certified photocopy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Md. Nizamuddin, J.) Sbghosh
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
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