RAM LAKHAN vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-17,DELHI

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W.P.(C)/6699/2022HC DelhiDLHC01016230202228 April 2022Bench: CASES PERTAINING TO SPL.DIVISION BENCHES5 pages
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What did the High Court hold?

The Delhi High Court held that the reassessment notices issued under Section 148 of the Income Tax Act, 1961, post-March 31, 2021, were invalid if they did not comply with the substituted Sections 147 to 151 of the Act, as introduced by the Finance Act, 2021. The Court found that the Legislature had introduced new provisions (Sections 147 to 151) with effect from April 1, 2021, and these had to be followed. The Court explicitly declared Explanations A(a)(ii)/A(b) to the Notifications dated March 31, 2021, and April 27, 2021, as ultra vires the Relaxation Act, 2020, and therefore bad in law and void. The reasoning was that the Executive/Revenue could not use administrative power under the Relaxation Act to undermine Parliamentary supremacy or frustrate the purpose of substituted statutory provisions. Consequently, the impugned reassessment notices were quashed, and the writ petitions were allowed. The Court clarified that if the law permitted the revenue to take further steps, they were at liberty to do so, and petitioners could pursue remedies if aggrieved.

What were the facts?

The petitioners, including Rajesh Kumar Gupta, Sanjeev Sikka, Ram Lakhan, and Ranakpur Cement Limited, filed writ petitions before the Delhi High Court. The petitions challenged reassessment notices issued under Section 148 of the Income Tax Act, 1961. The core of the dispute was that these notices were issued post-March 31, 2021, without adhering to the newly substituted Sections 147 to 151 of the Income Tax Act, which became effective from April 1, 2021. The revenue authorities had issued these notices based on Explanations to notifications dated March 31, 2021, and April 27, 2021, which the petitioners argued were procedurally flawed.

What were the issues?

1. Whether reassessment notices issued under Section 148 of the Income Tax Act, 1961, post-March 31, 2021, are valid if they do not comply with the substituted Sections 147 to 151 of the Act, as amended by the Finance Act, 2021. (Question of law, concerning Section 147, 148, 149, 151 of the Income Tax Act, 1961 and Section 3(1) of the Relaxation Act, 2020). Assessee's contentions: The petitioners argued that the impugned notices were issued without following the mandatory procedure prescribed by the substituted Sections 147 to 151 of the Income Tax Act, 1961, which came into effect from April 1, 2021. They relied on the Delhi High Court's judgment in Mon Mohan Kohli vs. Assistant Commissioner of Income Tax & Anr. to support their claim that notices issued post-March 31, 2021, must comply with the new provisions. Revenue's contentions: The revenue contended that Section 6 of the General Clauses Act saved notices issued under Section 148 post-March 31, 2021. They also argued that the substitution made by the Finance Act, 2021, was not applicable to past Assessment Years as it was substantial in nature. Further, they attempted to rely on the COVID-19 pandemic for the new provisions not operating during April 1, 2021, to June 30, 2021, and also raised arguments regarding the non-obstante clause in Section 3(1) of the Relaxation Act, 'legal fiction', and 'stop the clock provision'.

Which sections of the Income-tax Act were involved?

Section 147,Section 148,Section 149,Section 151

AI-generated summary — verify with the full judgment below

Heard together (3 matters)

W.P.(C) 6696/2022
W.P.(C) 6697/2022
W.P.(C) 6699/2022

Read from the judgment's own cause title. This page is filed under one of them.

$~89, 90, 92, 93 & 98 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6696/2022, CM APPL. 20337-38/2022 RAJESH KUMAR GUPTA ..... Petitioner Through: Mr.Subhash Chandra, Advocate versus INCOME TAX OFFICER WARD 35(5) & ANR. ..... Respondents Through: Mr.Kunal Sharma, advocate 90 + W.P.(C) 6697/2022, CM APPL. 20339/2022 SANJEEV SIKKA ..... Petitioner Through: Mr.Kapil Goel and Mr.Anshul Mittal, Advocates versus INCOME TAX OFFICER WARD 23(3) DELHI ..... Respondent Through: Mr.Ruchir Bhatia, Advocate 92 + W.P.(C) 6699/2022 RAM LAKHAN ..... Petitioner Through: Mr.Keshav Maheshwari, Advocate versus ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-17,DELHI ..... Respondent Through: Mr.Sanjay Kumar, Advocate This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/06/2026 at 11:54:47

93 + W.P.(C) 6702/2022, CM APPL. 20351-52/2022 RANAKPUR CEMENT LIMITED ..... Petitioner Through: Mr.Gowrang, Advocate versus INCOME TAX OFFICER WARD 21(1) DELHI & ANR. ..... Respondents Through: Mr.Sunil Kumar Agrawal, Advocate 98 + W.P.(C) 6744/2022, CM APPL. 20467/2022 SANJEEV SIKKA ..... Petitioner Through: Mr.Kapil Goel, advocate versus INCOME TAX OFFICER WARD 23 3 DELHI ..... Respondent Through: Mr.Niraj Kumar, Adv. for R-1/UOI. Mr.Ruchir Bhatia, Advocate CORAM: HON'BLE MR. JUSTICE MANMOHAN HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD O R D E R % 28.04.2022 1. Learned counsel for the parties admit that as the impugned notices in the present matters have been issued post 31st March, 2021 without following the procedure prescribed in the substituted Sections 147 to 151 w.e.f. 01st April, 2021, the present matters are covered by the judgment dated 15th December, 2021 passed by this Court in the case of Mon Mohan This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/06/2026 at 11:54:47

Kohli vs. Assistant Commissioner of Income Tax & Anr., W.P.(C) No.6176/2021. 2. The conclusion reached by this Court in Mon Mohan Kohli (supra) is reproduced hereinbelow:- “CONCLUSION 97. This Court is of the view that as the Legislature has introduced the new provisions, Sections 147 to 151 of the Income Tax Act, 1961 by way of the Finance Act, 2021 with effect from 1st April, 2021 and as the said Section 147 is not even mentioned in the impugned Explanations, the reassessment notices relating to any Assessment Year issued under Section 148 after 31st March, 2021 had to comply with the substituted Sections. 98. It is clarified that the power of reassessment that existed prior to 31st March, 2021 continued to exist till the extended period i.e. till 30th June, 2021; however, the Finance Act, 2021 has merely changed the procedure to be followed prior to issuance of notice with effect from 1st April, 2021. 99. This Court is of the opinion that Section 3(1) of Relaxation Act empowers the Government/Executive to extend only the time limits and it does not delegate the power to legislate on provisions to be followed for initiation of reassessment proceedings. In fact, the Relaxation Act does not give power to Government to extend the erstwhile Sections 147 to 151 beyond 31st March, 2021 and/or defer the operation of substituted provisions enacted by the Finance Act, 2021. Consequently, the impugned Explanations in the Notifications dated 31st March, 2021 and 27th April, 2021 are not conditional legislation and are beyond the power delegated to the Government as well as ultra vires the parent statute i.e. the Relaxation Act. Accordingly, this Court is respectfully not in agreement with the view of the Chhattisgarh High Court in Palak Khatuja (supra), but with the views of the Allahabad High Court and Rajasthan High Court in Ashok Kumar Agarwal (supra) and Bpip Infra Private Limited (supra) respectively. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/06/2026 at 11:54:47

100.

The submission of the Revenue that Section 6 of the General Clauses Act saves notices issued under Section 148 post 31st March, 2021 is untenable in law, as in the present case, the repeal is followed by a fresh legislation on the same subject and the new Act manifests an intention to destroy the old procedure. Consequently, if the Legislature has permitted reassessment to be made in a particular manner, it can only be in this manner, or not at all. 101. The argument of the respondents that the substitution made by the Finance Act, 2021 is not applicable to past Assessment Years, as it is substantial in nature is contradicted by Respondents’ own Circular 549 of 1989 and its own submission that from 1st July, 2021, the substitution made by the Finance Act, 2021 will be applicable. 102. Revenue cannot rely on Covid-19 for contending that the new provisions Sections 147 to 151 of the Income Tax Act, 1961 should not operate during the period 1st April, 2021 to 30th June, 2021 as Parliament was fully aware of Covid-19 Pandemic when it passed the Finance Act, 2021. Also, the arguments of the respondents qua non-obstante clause in Section 3(1) of the Relaxation Act, ‘legal fiction’ and ‘stop the clock provision’ are contrary to facts and untenable in law. 103. Consequently, this Court is of the view that the Executive/Respondents/Revenue cannot use the administrative power to issue Notifications under Section 3(1) of the Relaxation Act, 2020 to undermine the expression of Parliamentary supremacy in the form of an Act of Parliament, namely, the Finance Act, 2021. This Court is also of the opinion that the Executive/Respondents/Revenue cannot frustrate the purpose of substituted statutory provisions, like Sections 147 to 151 of Income Tax Act, 1961 in the present instance, by emptying it of content or impeding or postponing their effectual operation.” 3. Keeping in view the aforesaid, 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. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/06/2026 at 11:54:47

4.

Consequently, the impugned reassessment notices issued under Section 148 of the Income Tax Act, 1961 are quashed and the present writ petitions are allowed. If the law permits the respondents/revenue to take further steps in the matter, they shall be at liberty to do so. Needless to state that if and when such steps are taken and if the petitioners have a grievance, they shall be at liberty to take their remedies in accordance with law. MANMOHAN, J SUBRAMONIUM PRASAD, J APRIL 28, 2022 rb This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/06/2026 at 11:54:47

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