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supreme court docket: 90,000 notices below outdated provision keep legitimate: Supreme Courtroom – Instances of India

MUMBAI: Practically 90,000 reassessment notices that have been issued by the revenue tax (I-T) division after April 1, 2021 below the provisions of the unamended part 148 have been held as legitimate by the Supreme Court (SC).
These reassessment notices had been challenged in as many as 9,000 writ petitions throughout India. A majority of the excessive courts — akin to of Allahabad, Bombay, Calcutta, Delhi and Rajasthan — had quashed these notices. The Chhattisgarh HC was one exception because it had upheld issuance of part 148 reassessment notices after April 1, 2021 below the outdated provisions. The apex court docket bench composed of Justice M R Shah and Justice B V Nagarathna have reversed the orders handed by a mess of excessive courts that had favoured the taxpayers.
The I-T division can now go forward with the reassessment proceedings (open up previous circumstances). However the taxpayers could have recourse obtainable below the amended regulation — akin to the correct to be heard.
Part 148 of the I-T Act, granted the I-T officers the ability to reopen previous tax assessments, if they’d ‘cause to imagine’ that sure revenue had escaped evaluation. The Finance Act, 2021, launched part 148A which streamlined the process and higher protected the curiosity of the taxpayers.
However between April 1 and June 30, 2021, I-T officers issued reassessment notices below the outdated provision, which was challenged by taxpayers. Surprisingly, in Wednesday’s order, the SC invoked the provisions of Article 142 of the Indian Structure in a tax matter. This, in flip, ends in a far-reaching affect.
SC advocate Deepak Joshi advised TOI, “The SC has held that the notices issued for reassessment below the unamended part 148 after April 1, 2021 shall be deemed to be issued below the brand new regime below part 148A.”
“The notices quashed by the excessive courts have been given a recent lease of life, with a rider that the safeguards below the brand new regime shall be adopted. In consequence, hundreds of pending and already quashed circumstances will now be processed by way of these instructions,” explains Joshi.
Dhruva Advisors companion Ajay Rotti says, “This SC order goes to have a big impact, given the variety of reassessment notices which have gotten validated now in a single motion. The income division has been directed to observe the brand new process and resolve if these are match circumstances for reopening.”
“The hope now’s that the I-T division will conduct a good enquiry and drop these notices which don’t move the assessments laid down by the brand new regulation. There’s a brief window of 30 days offered for this and that is going to be a pressure on the time of the tax division and taxpayers alike,” provides Rotti.



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