ARATI MARKETING PVT. LTD Vs. UNION OF INDIA
LAWS(CAL)-2024-2-11
HIGH COURT OF CALCUTTA
Decided on
February 09,2024
Arati Marketing Pvt. Ltd
Appellant
VERSUS
UNION OF INDIA
Respondents
Referred Judgements :-
COLLECTOR OF CENTRAL EXCISE VS M/S PARLE EXPORTS (P) LTD [REFERRED TO]ASHOK KUMAR AGGARWAL VS. UNION OF INDIA [REFERRED TO]
MON MOHAN KOHLI VS. ACIT [REFERRED TO]
STATE OF PUNJAB VS. MANOHAR SINGH PRATAP SINGH [REFERRED TO]
KAILASH NATH VS. STATE OF UTTAR PRADESH [REFERRED TO]
SHAH BHOJRAJ KUVERJI OIL MILLS AND GINNING FACTORY VS. SUBHASH CHANDRA YOGRAJ SINHA [REFERRED TO]
KAUSHALYA RANI VS. GOPAL SINGH [REFERRED TO]
MAHAPALIKA OF THE CITY OF AGRA VS. AGRA BRICK KILN OWNERS ASSCN [REFERRED TO]
INDIAN EXPRESS NEWSPAPERS BOMBAY PRIVATE LIMITED BENNETT COLEMAN AND COMPANY LIMITED STATESMAN LIMITED KASTURI AND SONS LIMITED ANANDA BAZAR PATRIKA LIMITED VS. UNION OF INDIA [REFERRED TO]
KOLHAPUR CANESUGAR WORKS LIMITED VS. UNION OF INDIA [REFERRED TO]
GAMMON INDIA LTD VS. SPL CHIEF SECRETARY [REFERRED TO]
KERALA SAMSTHANA CHETHU THOZHILALI UNION VS. STATE OF KERALA [REFERRED TO]
TARAK CHANDRA MUKHERJEE VS. RATAN LAL GHOSAL [REFERRED TO]
COMMERCIAL TAX OFFICER, RAJASTHAN VS. M/S. BINANI CEMENTS LTD. [REFERRED TO]
ATMA RAM PROPERTIES PVT. LTD. VS. THE ORIENTAL INSURANCE CO. LTD. [REFERRED TO]
JUDGEMENT
MD.NIZAMUDDIN,J. -
(1.)Heard learned counsel appearing for the respective parties in respective writ petitions.
(2.)Subject matter of challenge by the petitioners, in common in all these writ petitions are the impugned notices issued on or after 1/4/2021, under Sec. 148 (old) of the Income Tax Act, 1961, by converting or treating the same under Sec. 148A(b) of the Income Tax Act, 1961 inserted by the Finance Act, 2021 which came into effect from 1/4/2021 and all subsequent proceedings thereunder relating to assessment years 2013-14 and 2014-15 on the basis of judgment of the Hon'ble Supreme Court in the case of Union of India Vs Ashish Agarwal reported in (2022) 444 ITR I (SC) and on the basis of Sec. 3 (1) of Taxation and other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 (TOLA) and subsequent Notifications No. 20 of 2021 dtd. 31/3/2021 and No. 38 of 2021 dtd. 27/4/2021 issued by CBDT in aid of old provisions relating to reassessment proceedings, on the ground that the impugned notices have already become time barred after 31/3/2021 under the old unamended Sec. 149(1)(b) of the Income Tax Act, 1961, by submitting gist of which are as hereunder.
(3.)Reference to some relevant notifications, legislation etc. chronologically as hereunder are necessary before detail discussion in these cases.
(2.)Subject matter of challenge by the petitioners, in common in all these writ petitions are the impugned notices issued on or after 1/4/2021, under Sec. 148 (old) of the Income Tax Act, 1961, by converting or treating the same under Sec. 148A(b) of the Income Tax Act, 1961 inserted by the Finance Act, 2021 which came into effect from 1/4/2021 and all subsequent proceedings thereunder relating to assessment years 2013-14 and 2014-15 on the basis of judgment of the Hon'ble Supreme Court in the case of Union of India Vs Ashish Agarwal reported in (2022) 444 ITR I (SC) and on the basis of Sec. 3 (1) of Taxation and other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 (TOLA) and subsequent Notifications No. 20 of 2021 dtd. 31/3/2021 and No. 38 of 2021 dtd. 27/4/2021 issued by CBDT in aid of old provisions relating to reassessment proceedings, on the ground that the impugned notices have already become time barred after 31/3/2021 under the old unamended Sec. 149(1)(b) of the Income Tax Act, 1961, by submitting gist of which are as hereunder.
(3.)Reference to some relevant notifications, legislation etc. chronologically as hereunder are necessary before detail discussion in these cases.
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