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Landmark Decision of the Apex Court on Section-148 of the Income Tax Act

 

Around 90K notices for reassessment has been invalidated by various High Courts due to technical issue. #supremecourtofindia today justify the actions of the HCs. But invoking its power under Article 142 of the Indian Constitution, the Apex Court today validate all the notices subject to adhere the procedure enacted under the new provisions of the Act within the time limit specified in the order dated today, 4th May, 2022.

What is Article 142 of Indian Constitution

Honorable Supreme Court, for first time in the history of Income Tax since 1922 has exercised today its constitutional powers under article 142 to reverse the assessee favourable decisions taken by honorable high courts of Delhi /Allahabad /Maharashtra/ Calcutta  for quashing 148 notices issued after 31/3/21 being ultra vires.

Please note that Honorable SC earlier used similar powers very sparingly in Ram Janam Bhoomi cases, Union Carbide case, Coal Block Cancellation cases, Sale of Liquor along highways case, IBC (Amendment) Act 2020 case etc.

In present case honorable SC grant relief against procedural lapses committed by assessing officer as amount involved may around INR 1.00 Lakh Crore. Big relief for revenue who is generally at receiving end from Courts.

 

Supreme Court Judgement Supreme Court Judgement on 148

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