NDLI: Union of India & Ors. Vs. Ashish Agarwal

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Income Tax Act ss. 147 to 151(as amended by the Finance Act 2021) 1961: ss.148 to 151
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Income Tax Act, 1961: ss.148 to 151, ss. 147 to 151(as amended by the Finance Act, 2021) – Issuance of notice where income has escaped assesssment – On facts, substituted ss.147 to 151 of the 1961 Act by the Finance Act, 2021 came into force on 01.04.2021 – However, after 01.04.2021, the Revenue issued reassessment notices under the erstwhile ss. 148 to 151 of the unamended IT Act – Quashed by the High Court on the ground that the same are bad in law in view of new provisions-ss. 147 to 151 – On appeal, held: Amended provisions prescribe the procedure governing initiation of reassessment proceedings – No notice u/s. 148 can be issued without following the procedure prescribed u/s. 148A – Ss 148A-151 was introduced with the object of simplifying the tax administration, ease compliance and reduce litigation – New provisions being remedial and benevolent in nature, were substituted with a specific aim and object to protect the rights and interest of the assessee as well as the same being the public interest – Thus, the High Courts rightly held that the benefit of new provisions to be made available even in respect of the proceedings relating to past assessment years if the notices u/s. 148 has been issued on or after 01.04.2021 – Revenue cannot be made remediless and the object and purpose of reassessment proceedings cannot be frustrated – However, it is true that the Revenue issued impugned notices under the unamended section due to bonafide mistake and in view of subsequent extension of time vide various notifications – Some leeway must be shown in that regard which the High Courts could have done so – Thus, instead of quashing and setting aside the notices issued under unamended provisions, order passed by the High Courts ought to construe the notices to deemed to have been issued u/s. 148A and Revenue ought to be permitted to proceed further with the reassessment as per the substituted provisions – Thus, the judgments and orders of the respective High Courts stands modified – Finance Act, 2021.
Judge	Hon'ble Mr. Justice M.R. Shah
Neutral Citation	2022 INSC 510
Petitioner	Union Of India & Ors.
Respondent	Ashish Agarwal
SCR	[2022] 3 S.C.R. 638
Judgement Date	2022-05-04
Case Number	3005

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