ASHOK KUMAR PINISETTI vs. DY COMMISSIONER OF INCOME TAX
What did the High Court hold?
The High Court declared the explanation below Clause (A) in the relevant CBDT notifications as ultra vires. Consequently, the impugned notice issued under Section 148 of the Act was quashed.
What were the facts?
The petitioner challenged notices issued under Section 148 of the Income Tax Act, 1961, and sought to quash certain CBDT notifications extending time limits. The petitioner argued these notifications were ultra vires the Income Tax Act and the Taxation and Other Laws Act, 2020.
What were the issues?
Whether the CBDT notifications extending time limits for issuing reassessment notices were ultra vires the Income Tax Act and the 2020 Act. Whether the extension of time limits applied to notices issued under the erstwhile Section 148 after April 1, 2021.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF APRIL 2022 PRESENT THE HON’BLE MR. JUSTICE ALOK ARADHE AND THE HON’BLE MR.JUSTICE S. VISHWAJITH SHETTY W.P. No.128 OF 2022 (T-IT) BETWEEN: ASHOK KUMAR PINISETTI AGED ABOUT 52 YEARS NO.60, 2ND MAIN, 1ST CROSS 4TH PHASE, J P NAGAR BENGALURU – 560 078.
... PETITIONER (BY MR. SHREEHARI., ADVOCATE) AND: DY. COMMISSIONER OF INCOME TAX JCIT (OSD), CIRCLE 6(1)(1), BENGALURU.
... RESPONDENT (BY MR. K.V. ARAVIND, A/W MR. DILIP .M, ADVOCATES) - - -
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE UNDER SECTION 148 OF THE INCOME TAX ACT, 1961 DATED 30.06.2021 ISSUED BY THE RESPONDENT FOR THE ASSESSMENT YEAR 2014-15 BEARING DIN ITBA/AST/S/148/2021- 22/1033930288(1) ENCLOSED AS ANNEXURE-A & ETC., THIS W.P. COMING ON FOR ORDERS, THIS DAY, ALOK ARADHE J., MADE THE FOLLOWING:
2 ORDER The petitioner in this writ petition has sought quashment of explanation below Clause (A) in the notification bearing No.20/2021 F.NO.370142/35/2020-TPL dated 31.03.2021 and notification No.38/2021/F.No.370142/35/2020-TPL dated 27.04.2021 issued by Central Board of Direct Taxes, as ultra vires the provisions of Income Tax Act, 1961 (hereinafter referred to as ‘1961 Act’ for short) and the provisions of Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 (hereinafter referred to as ‘2020 Act’ for short). The petitioner has also prayed for relief that extension of time limit by the 2020 Act does not apply to notices issued under erstwhile Section 148 of the 1961 Act, after 01.04.2021. The petitioner also seeks a writ of certiorari for quashing the notices
3 dated 30.06.2021 issued under Section 148 of the 1961 Act for the Assessment year 2016-17. 2. We have heard the learned counsel at length. For the reasons assigned by us in the judgment dated 19.04.2022 passed in W.P.No.22348/2021 and for the reasons assigned by division bench of High Court of Allahabad in ASHOK KUAR AGARWAL VS. UNION OF INDIA’, Rajasthan High Court in ‘BPIP INFRA (P.) LTD. VS. INCOME TAX OFFICER, WARD 4(1), JAIPUR, Delhi High Court decision in MON MOHAN KOHLI VS. ASSISTANT COMMISSIONER OF INCOME TAX & ANR. And decision of Bombay High Court in TATA COMMUNICATIONS TRANSFORMATION SERVICES LIMITED, VS. ASSISTANT COMMISSIONER OF INCOME TAX 14(1) AND OTHERS, W.P.NO.1334/2021 the explanation below Clause (A) in the notification bearing
4 No.20/2021370142/35/2020-tl dated 31.03.2021 and notification No.38/2021f. No.370142/35/2020- TPL dated 27.04.2021 issued by Central Board of Direct Taxes is hereby declared as ultra vires the provisions of Income Tax Act, 1961 and the provisions of Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020. The impugned notice dated 30.06.2021 issued under Section 148 of the Act is quashed. 3. However, it will be open to the Assessing Officer concerned to initiate fresh re-assessment proceeding in accordance with relevant provisions of the 1961 Act as amended by Finance Act, 2021 after strictly complying with the provisions of the Act.
5 In the result, the writ petition is disposed of. Sd/- JUDGE Sd/- JUDGE SS
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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