Taxontips
No Result
View All Result
Sunday, January 29, 2023
  • Home
  • Income Tax
    • Income Tax Return
    • Tax Notice/ Personal consultation
    • Compliance Notice
    • Faceless Assessment
  • GST
    • GST Registration
    • GST Consultation
  • News
    • Income Tax News
    • GST news
    • Budget News
    • Business & Other News
  • Q & A
  • About us
  • Contact us
Talk to an Expert
  • Home
  • Income Tax
    • Income Tax Return
    • Tax Notice/ Personal consultation
    • Compliance Notice
    • Faceless Assessment
  • GST
    • GST Registration
    • GST Consultation
  • News
    • Income Tax News
    • GST news
    • Budget News
    • Business & Other News
  • Q & A
  • About us
  • Contact us
No Result
View All Result
Taxontips
No Result
View All Result

Rajasthan High court puts stay on Income tax reassessment proceedings under section 148 which were started in old provisions

Income tax Expert by Income tax Expert
August 15, 2021
in Case Laws, Income Tax News
0
What is the meaning of notice for transfer of rectification rights to Assessing officer
206
SHARES
2.6k
VIEWS
image_pdfPDFimage_printPrint

We have earlier seen many High courts putting stay on the reassessment proceedings which have been initiated under section 148 of the Income tax act in the old provisions after 01.04.2021.

Finance Act, 2021 had substituted section 148 by new provisions of section 148 and also inserted new section 148A for conducting reassessment proceedings.

The above sections were made effective from 01.04.2021 and hence any notice issues under section 148 of the Act after 01.04.2021 were liable to follow the new provision of section 148 and 148A and the notices which were being issues by Income tax department were not following the same.

Income tax department were following the notification of CBDT which had extended the due date to issue notice under section 148 of the Act till 30.06.2021 under old provision.

The assessee was pleading that after the new provisions were made effective by Finance Act, 2021 notice cannot be issued under the old provision.

The same plea was made in a Writ petition before Rajasthan High court’s Jaipur bench in case of Uma Devi Gupta Vs. Income Tax Officer, Ward-1, Kishangarh, Ajmer and others where High court had heard various connected cases.

In the petition the counsel for petitioner had relied on various High court’s judgement such as Kolkata High court, Bombay High court etc wherein the proceedings were stayed wherein notice u/s 148 of the Act was issued in the old provision.

In the current cases also, Rajasthan High court has stayed the proceedings u/s 148 of the Act until proper reply is filed by the department.

Looking at the law it could be said that in the current scenario the proceedings would be dropped which have been started under the old provisions until the government amends Income tax act to extend the applicability of old provision of section 148 of the Act.

The extract from the judgement is as under:

“In all these writ petitions the issue is with regard to the application of amendment made in the Finance Act, 2021
published in the Official Gazette on 28.03.2021 whereby Section 148 of the Income Tax Act, 1961 has been substituted and 148-A has been inserted.

Learned counsel appearing for the petitioners submitted that impugned notices in all the cases have been issued under Section 148 of the Income Tax Act, 1961 without complying with the provisions of Section 148 of the Income Tax Act, 1961.

Learned counsel for the petitioners submitted that as per the amendment as introduced with effect from 01.04.2021 by the Central Government, it was incumbent on the Assessing Officer to first conduct an enquiry with the prior approval of the Specified Authority with respect to the information suggesting that income chargeable to tax has escaped assessment.

Learned counsel for the petitioners further submitted that opportunity is also required to be given to assessee under Section 148-A of the Income Tax Act by serving him with a notice to show cause within specified time, as why notice under Section 148 of the Income Tax Act, 1961 may not be issued on the basis of information suggesting that income chargeable to the tax has escaped assessment.

Learned counsel for the petitioners submitted that the different High Courts-Delhi High Court, Calcutta High Court and Bombay High Court, are also seized with the similar kind of matters and interim order has also been passed.

This Court instead of granting ex-parte interim order at first instance, thought it proper to serve copy of writ petitions in the office of counsel, representing Income Tax Department, and as such, copies were served in the office of Mr. Anuroop Singhi, Adv. and Ms. Parinitoo Jain, Adv.

Ms. Parinitoo Jain, Adv. is appearing and submits that some time may be granted to seek instructions as copies of the writ petitions, have been served to her only yesterday.

Ms. Parinitoo Jain, Adv. is granted four weeks time to seek necessary instructions and to file reply to the writ petitions as well as stay applications.

Ms. Parinitoo Jain, Adv. will also be free to make an application after filing of the reply for vacation of stay order, if department intends to do so.

Ms. Parinitoo Jain, Adv. submits that she will represent the Revenue-Department and as such her name be shown in the cause-list.

List all these cases on 06.09.2021.

In the meanwhile, the respondents are directed not to proceed further in response to notices issued to the petitioners under Section 148 of the Income Tax Act, 1961.

A copy of this order be separately placed in each petition.”

 

To download the order CLICK HERE.

 

Disclaimer: The views presented in the above article are personal views of our team and has no legal binding. For any legal opinion consult a tax professional.

 

You can book phone consultation/ assistance online with expert as mentioned below:

To book ITR filing with experts CLICK ME.

To book phone consultation with experts for any Income tax related matters CLICK ME.

To book consultation for Faceless Assessment with experts CLICK ME.

To book phone consultation with experts for GST related matters CLICK ME.

To book general phone consultation with expert CLICK ME.

image_pdfPDFimage_printPrint
Tags: 148 noticeIncome tax assessmentIncome tax noticeincome tax proceedingsIncome tax updatesreply 148 noticetaxontips
Previous Post

RBI charges Rs. 10,000 penalty per ATM on banks if their ATM are out of cash at any time

Next Post

What is Red Herring Prospectus which is required in India for listing IPO in India? What does DRHP contain?

Related Posts

Penalty for Non filing or Late filing of Tax audit report – Section 271B and condonation in filing Tax Audit report
Income Tax News

Consequences of Accepting cash while selling a Immovable property, land or house | 100% Penalty

January 26, 2023
GST registration
GST news

Clarification regarding GST rates and classification of certain goods based on the recommendations of the GST Council in its 48th meeting held on 17th December, 2022

January 19, 2023
No TDS on interest income upto Rs. 40,000 from bank – Section 194A Limit revised
Income Tax News

E-mail from TRACES to deductors explaining the e-verification scheme. What to do?

January 18, 2023
Guidelines for manual selection of returns for Complete Scrutiny during the financial-year 2019-20-
Income Tax News

Limit of SFT reporting in case of interest removed by Income Tax Department

January 13, 2023
Guidelines for manual selection of returns for Complete Scrutiny during the financial-year 2019-20-
Income Tax News

Provisions related to Set off of losses under various heads of Income during the year in Income Tax Act

January 10, 2023 - Updated on January 11, 2023
Tatva Chintan Pharma Chem Limited IPO details and capital gain tax on selling IPO allotment | Capital gain on IPO
Income Tax News

Extension of time limit for compliance to be made for claiming any exemption under Section 54 to 54GB of the I.T. Act till 31.03.2023

January 9, 2023
Next Post
Glenmark Life Sciences IPO allotment status and capital gain tax on selling shares in IPO allotment | Capital gain on IPO

What is Red Herring Prospectus which is required in India for listing IPO in India? What does DRHP contain?

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Google Custom search

Recent Posts

  • Final stage of Union Budget 2023-24 commences with Halwa Ceremony
  • Clarification on entitlement of ITC where place of supply is determined in terms of proviso to sub-section (8) of section 12 of the IGST Act
  • Consequences of Accepting cash while selling a Immovable property, land or house | 100% Penalty
  • How many articles can a Chartered Accountant register for articleship?
  • Advisory on facility of ‘Initiating Drop Proceedings’ of Suspended GSTINs due to Non-filing of Returns – Update

Recent Comments

  • Final stage of Union Budget 2023-24 commences with Halwa Ceremony - Taxontips on What is ‘Halwa ceremony’, performed before the budget at Ministry of Finance? What does it signify? | Pre budget facts
  • Leonard Linton on Clarification for the purposes of Section 269ST of the I.T. Act in respect of dealership/distributorship contract in case of Co-operative Societies
  • Advisory on facility of ‘Initiating Drop Proceedings’ of Suspended GSTINs due to Non-filing of Returns - Update - Taxontips on Advisory on “Initiating Drop Proceeding” by taxpayers for non-filing of GST returns
  • Clarifications regarding applicability of GST on certain services based on 48th GST council meeting - Taxontips on Clarification regarding GST rates and classification of certain goods based on the recommendations of the GST Council in its 48th meeting held on 17th December, 2022
  • Module wise new functionalities deployed on the GST Portal for taxpayers – December 2022 - Taxontips on Advisory on “Initiating Drop Proceeding” by taxpayers for non-filing of GST returns

Categories

  • Budget News
  • Business & Other News
  • Case Laws
  • GST news
  • Income Tax News
  • News

Browse Topics by Date

January 2023
M T W T F S S
 1
2345678
9101112131415
16171819202122
23242526272829
3031  
« Dec    
  • GSTR 9/ 9C due date to be extended to 31.10.2020 | E-invoicing will be voluntary in the beginning 79.3k views
  • How to pay Membership and COP fees of ICAI for 2020-21 | 77.8k views
  • Code/ Nature of payment 6CR updated by NSDL in challan 281 for paying TCS on sale of goods 68k views

Recent Notification

Final stage of Union Budget 2023-24 commences with Halwa Ceremony

Final stage of Union Budget 2023-24 commences with Halwa Ceremony

January 28, 2023
Further clarification by CBIC for claiming 20% ITC on invoices not available in GSTR – 2A. Circular 123/42/2019 – GST

Clarification on entitlement of ITC where place of supply is determined in terms of proviso to sub-section (8) of section 12 of the IGST Act

January 27, 2023

RSS Taxontips

  • Final stage of Union Budget 2023-24 commences with Halwa Ceremony
  • Clarification on entitlement of ITC where place of supply is determined in terms of proviso to sub-section (8) of section 12 of the IGST Act
  • Consequences of Accepting cash while selling a Immovable property, land or house | 100% Penalty
  • How many articles can a Chartered Accountant register for articleship?
  • Advisory on facility of ‘Initiating Drop Proceedings’ of Suspended GSTINs due to Non-filing of Returns – Update
  • ICAI has launched free task management or practice management software for members in Practice
  • Clarification regarding the treatment of statutory dues under GST law [Read circular]
  • Clarifications regarding applicability of GST on certain services based on 48th GST council meeting
  • Clarification regarding GST rates and classification of certain goods based on the recommendations of the GST Council in its 48th meeting held on 17th December, 2022
  • E-mail from TRACES to deductors explaining the e-verification scheme. What to do?

Categories

  • Budget News
  • Business & Other News
  • Case Laws
  • GST news
  • Income Tax News
  • News

Site menu

  • Home
  • Income Tax
    • Income Tax Return
    • Tax Notice/ Personal consultation
    • Compliance Notice
    • Faceless Assessment
  • GST
    • GST Registration
    • GST Consultation
  • News
    • Income Tax News
    • GST news
    • Budget News
    • Business & Other News
  • Q & A
  • About us
  • Contact us
Taxontips

TaxOnTips provides you all tax related solutions in easy way and update you with its regular updates & notifications Visit us for details.
We are based in Jaipur, India

© 2019-2021 Taxontips.com - Tax assistance at your Fingertips

No Result
View All Result
  • Login/Signup
  • Income Tax
    • Income Tax Return
    • Tax Notice/ Personal consultation
    • Compliance Notice
    • Faceless Assessment
  • GST
    • GST registration
    • GST Consultation
  • News
    • Income Tax News
    • GST news
    • Budget News
    • Business & Other News
  • Q & A
  • About us
  • Contact us
  • Ask an expert/ Talk to an expert
  • Privacy Policy
  • Terms of use

© 2019-2021 Taxontips.com - Tax assistance at your Fingertips

Login to your account below

Forgotten Password? Sign Up

Fill the forms bellow to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In
Book Phone consultation with expert

Sitting home or at your office and don't have time to visit CA's office or don't know where to consult CA. Book your consultation with an expert practicing Chartered Accountant and get your query solved.

Book a phone consultation for 30 minutes with our expert at a very basic cost.

Book consultation

No thanks, I'm not interested!

ITR 1 to 7 now available for FY 2021-22!!File your ITR with an experienced Chartered Accountant

Now File your Income Tax return for F.Y. 2021-22 with an Experienced Practicing Chartered Accountant and not just with any person like other websites offer. Return filing starts at Rs. 500/-

Book ITR filing with Expert

Never see this message again.

Subscribe for Latest Tax Updates
You name
Yourname@email.com

Never see this message again.