SONIA GOKANI, J. - (1.)The petitioner has preferred this petition before this Court under Art. 226 of the Constitution of India challenging the constitutional validity and vires of the Explanation contained in Notification No.20/2021 dated 31 st March, 2021 as well as Notification No.38/2021 dated 27 th April, 2021, which extend, for the purpose of issuance of Notice under Sec. 148 of the Income Tax Act, 1961 ('the Act' hereinafter), the time limit specified in Sec. 149 or sanction under Sec. 151 of the Act from 31 st March, 2021 to 30th April, 2021 and from 30th April, 2021 to 30th June, 2021 respectively and further provide that provisions of Sections 148, 149 and 151 of the Act, as they stood as on 31 st March, 2021 before the commencement of the Finance Act, 2021 shall apply to the proceedings taken during this extended time limit. The petitioner also challenges the consequential notice dated 30/6/2021 issued under Sec. 148 of the Act as existed and applicable as on 31/3/2021 seeking to reopen the Income Tax Assessment of the petitioner for the assessment year 2017-18 by drawing power and authority from the aforesaid notifications.
(2.)The petitioner has further questioned the applicability of the provisions of sections 148 and 148A of the Income Tax Act, the new provisions which have been inserted by Finance Act 2021 with effect from 1st April, 2021.
(3.)According to the petitioner, the Financial Act has substituted the provision of section 147 with effect from 1 st April, 2021 and the time limit has been set to issue the notice under section 148 which is extended by Notification No.20 of 2021 and 38 of 2021, there cannot be two parallel provisions applicable simultaneously. The validity of the notice is challenged so also Notification No.20 of 21 issued by the CBDT by purportedly exercising the powers conferred by section 3(1) of the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020.