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[Cites 8, Cited by 1]

Delhi High Court - Orders

Macquarie Aerospace Finance 5092 ... vs Assistant Commissioner Of Income Tax ... on 16 March, 2022

Author: Manmohan

Bench: Manmohan, Dinesh Kumar Sharma

                          $~23-26, 29, 31, 36-46, 48, 50, 51, 53, 54, 56, 58-65, 68-73
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          23
                          +     W.P.(C)   4389/2022          &     CM      APPL.13081/2022,      CM
                                APPL.13082/2022

                                MACQUARIE AEROSPACE FINANCE 5092 LIMITED
                                (FORMERLY KNOWN AS AWAS 5092 IRELAND LIMITED)
                                                                       ..... Petitioner
                                                   Through       Ms. Anuradha Dutt with Mr. Sachit
                                                                 Jolly, Mr. Rohit Garg, Ms. Disha
                                                                 Jham, Ms. Mehak Sachdeva and
                                                                 Mr. Sohum Dua, Advocates.

                                                   versus

                                ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 2 (2)
                                (1) INTERNATIONAL TAXATION & ORS.         ..... Respondents
                                              Through  Mr. Sanjay Kumar, Advocate.
                          24

                          +     W.P.(C)   4390/2022          &     CM      APPL.13083/2022,     CM
                                APPL.13084/2022
                                MACQUARIE AEROSPACE FINANCE 5090 LIMITED
                                (FORMERLY KNOWN AS AWAS IRELAND LEASING SEVEN
                                LIMITED)                               ..... Petitioner
                                            Through Ms. Anuradha Dutt with Mr. Sachit
                                                    Jolly, Mr. Rohit Garg, Ms. Disha
                                                    Jham, Ms. Mehak Sachdeva and
                                                    Mr. Sohum Dua, Advocates.
                                            versus
                                ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 2
                                (2)(1) (INTERNATIONAL TAXATION), NEW DELHI AND ORS.
                                                                        ..... Respondents
                                                   Through       Mr. Sanjay Kumar, Advocate.


Signature Not Verified
Digitally Signed
By:KRISHNA BHOJ
Signing Date:17.03.2022
18:37:53
                           25
                          +    W.P.(C)   4391/2022      &     CM     APPL.13085/2022,           CM
                               APPL.13086/2022

                               HKAC LEASING IGO NO 7 LIMITED                 ..... Petitioner
                                              Through       Ms. Anuradha Dutt with Mr. Sachit
                                                            Jolly, Mr. Rohit Garg, Ms. Disha
                                                            Jham, Ms. Mehak Sachdeva and
                                                            Mr. Sohum Dua, Advocates.

                                              versus

                               DEPUTY COMMISSIONER OF INCOME TAX & ORS.
                                                                    ..... Respondents
                                              Through       Mr. Zoheb Hossain, Sr. Standing
                                                            Counsel with Mr. Vipul Agrawal and
                                                            Mr. Parth Senwal, Advocates.
                          26
                          +    W.P.(C)   4392/2022      &     CM     APPL.13087/2022,           CM
                               APPL.13088/2022

                               MACQUARIE AEROSPACE FINANCE 5027 LIMITED
                               FORMERLY KNOWN AS AWAS IRELAND LEASING SIX
                               LIMITED                                 ..... Petitioner
                                           Through  Ms. Anuradha Dutt with Mr. Sachit
                                                    Jolly, Mr. Rohit Garg, Ms. Disha
                                                    Jham, Ms. Mehak Sachdeva and
                                                    Mr. Sohum Dua, Advocates.


                                              versus

                               ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 2 2 1
                               INTERNATIONAL TAXATION & ORS.         ..... Respondents
                                            Through Mr. Sanjay Kumar, Advocate.




Signature Not Verified
Digitally Signed
By:KRISHNA BHOJ
Signing Date:17.03.2022
18:37:53
                           29
                          +    W.P.(C) 4395/2022 & CM APPL.13094/2022, CM APPL.13095/2022
                               NARESH RAWAT (HUF)                          ..... Petitioner
                                              Through    Mr. Sarthak Jain with Mr. Linoy
                                                         Varghese and Mr. Vishal Malik,
                                                         Advocates.
                                              versus

                               INCOME TAX OFFICER, WARD 36(1) DELHI & ANR.
                                                                       ..... Respondents
                                              Through    Mr. Sanjay Kumar, Advocate.
                          31

                          +    W.P.(C) 4398/2022 & CM APPL.13111/2022, CM APPL.13112/2022
                               AVA MERCHANDISING SOLUTIONS PRIVATE LIMITED
                                                                                 ..... Petitioner
                                              Through    Mr. Rishabh Jain, Advocate.

                                              versus

                               DY. COMMISSIONER OF INCOME TAX, CIRCLE -1(1) NEW
                               DELHI                                    ..... Respondent
                                            Through   Mr. Zoheb Hossain, Sr. Standing
                                                      Counsel with Mr. Vipul Agrawal and
                                                      Mr. Parth Senwal, Advocates.

                          36
                          +    W.P.(C) 4409/2022 & CM APPL.13144/2022, CM APPL.13145/2022
                               ORIX AVIATION SYSTEMS LIMITED               ..... Petitioner
                                              Through    Ms. Anuradha Dutt with Mr. Sachit
                                                         Jolly, Mr. Rohit Garg, Ms. Disha
                                                         Jham, Ms. Mehak Sachdeva and
                                                         Mr. Sohum Dua, Advocates.




Signature Not Verified
Digitally Signed
By:KRISHNA BHOJ
Signing Date:17.03.2022
18:37:53
                                               versus

                               DEPUTY COMMISSIONER OF INCOME TAX & ORS.
                                                                    ..... Respondents
                                              Through    Mr. Zoheb Hossain, Sr. Standing
                                                         Counsel with Mr. Vipul Agrawal and
                                                         Mr. Parth Senwal, Advocates.

                          37
                          +    W.P.(C) 4412/2022 & CM APPL.13159/2022, CM APPL.13160/2022
                               HKAC LEASING (IGO NO. 9) LIMITED           ..... Petitioner
                                              Through    Ms. Anuradha Dutt with Mr. Sachit
                                                         Jolly, Mr. Rohit Garg, Ms. Disha
                                                         Jham, Ms. Mehak Sachdeva and
                                                         Mr. Sohum Dua, Advocates.

                                              versus

                               DEPUTY COMMISSIONER OF INCOME TAX & ORS.
                                                                    ..... Respondent
                                              Through    Mr. Zoheb Hossain, Sr. Standing
                                                         Counsel with Mr. Vipul Agrawal and
                                                         Mr. Parth Senwal, Advocates.
                          38

                          +    W.P.(C)   4421/2022   &     CM     APPL.13225/2022,           CM
                               APPL.13226/2022, CM APPL.13227/2022

                               INDIA FINSEC LIMITED                       ..... Petitioner
                                              Through    Mr. Siddharth Ranka with Mr. Mishal
                                                         Johari and Mr. Mani Bhadra Jain,
                                                         Advocates.
                                              versus

                               INCOME TAX OFFICER WARD 10-1 & ANR. ..... Respondents
                                            Through  Mr. Ajit Sharma, Advocate.


Signature Not Verified
Digitally Signed
By:KRISHNA BHOJ
Signing Date:17.03.2022
18:37:53
                           39
                          +    W.P.(C) 4426/2022 & CM APPL.13240/2022, CM APPL.13241/2022
                               EMESS REALCON PRIVATE LIMITED             ..... Petitioner
                                                Through    Mr. Naveen Kumar with Mr. N.P.
                                                           Sahni, Advocates.
                                                versus
                               ACIT, CIRCLE 7(1), DELHI AND ANR.           ..... Respondents
                                              Through    Mr. Kunal Sharma, Sr. Standing
                                                         Counsel with Mr. Zoheb Khan, Jr.
                                                         Standing Counsel and Mr. Shrey,
                                                         Advocates.
                          40
                          +    W.P.(C) 4427/2022 & CM APPL.13242/2022, CM APPL.13243/2022
                               MAYANK GOEL                               ..... Petitioner
                                                Through    None.
                                                versus

                               INCOME TAX OFFICER, WARD 58(1) DELHI AND ANR.
                                                                      ..... Respondents
                                                Through    Mr. Ajit Sharma, Advocate.
                          41
                          +    W.P.(C) 4428/2022 & CM APPL.13244/2022, CM APPL.13245/2022
                               MANJU SOMANI                                  ..... Petitioner
                                                Through    Mr. Naveen Kumar with Mr. N.P.
                                                           Sahni, Advocates.
                                                versus

                               ITO, WARD 70(1), DELHI & ANR.              ..... Respondents
                                              Through    Mr. Sunil Kumar Agarwal, Advocate
                          42
                          +    W.P.(C) 4429/2022 & CM APPL.13246/2022, CM APPL.13247/2022
                               TUSHAR RAWAT                              ..... Petitioner
                                                Through    Mr. Sarthak Jain with Mr. Vishal
                                                           Malik and Mr. Linoy Varghese,
                                                           Advocates.


Signature Not Verified
Digitally Signed
By:KRISHNA BHOJ
Signing Date:17.03.2022
18:37:53
                                                versus

                               ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 22(2)
                               DELHI & ANR.                          ..... Respondents
                                            Through Mr. Sunil Kumar Agarwal, Advocate.
                          43

                          +    W.P.(C) 4430/2022 & CM APPL.13246/2022, CM APPL.13247/2022
                               VEER HANUMAN BUILDPRO PRIVATE LIMITED ..... Petitioner
                                               Through     Mr. Siddharth Ranka with Mr. Mishal
                                                           Johari and Mr. Mani Bhadra Jain,
                                                           Advocates.
                                               versus
                               INCOME-TAX OFFICER, WARD 26(1), DELHI & ANR.
                                                                       ..... Respondents
                                               Through     Mr. Puneet Rai, Sr. Standing Counsel
                                                           with Mr. Karan Pandey, Advocate.
                          44
                          +    W.P.(C) 4431/2022 & CM APPL.13251/2022, CM APPL.13252/2022
                               KULDIP SINGH GULATI                       ..... Petitioner
                                               Through     Mr. Neeraj Yadav, Advocate.
                                               versus

                               DEPUTY COMMISSIONER INCOME TAX & ANR. ...Respondents
                                           Through   Mr. Sunil Agarwal, Sr. Standing
                                                     Counsel with Mr. Tushar Gupta,
                                                     Mr. Samarth Chaudhari, Advocates.
                          45
                          +    W.P.(C) 4432/2022 & CM APPL.13253/2022
                               M AND ME SYSTEMS PVT LTD                      ..... Petitioner
                                               Through     None.
                                               versus
                               DCIT CIRCLE 16 (1), DELHI                  ..... Respondent
                                              Through    Mr. Abhishek Maratha, Advocate.


Signature Not Verified
Digitally Signed
By:KRISHNA BHOJ
Signing Date:17.03.2022
18:37:53
                           46
                          +    W.P.(C) 4434/2022 & CM APPL.13258/2022, CM APPL.13259/2022
                               HKAC LEASING (IGO NO. 8) LIMITED          ..... Petitioner
                                               Through    Ms. Anuradha Dutt with Mr. Sachit
                                                          Jolly, Mr. Rohit Garg, Ms. Disha
                                                          Jham, Ms. Mehak Sachdeva and
                                                          Mr. Sohum Dua, Advocates.
                                               versus
                               DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 2 (1)(1),
                               (INTL.TAX. ), NEW DELHI AND ORS.           ..... Respondents
                                               Through  Mr. Zoheb Hossain, Sr. Standing
                                                        Counsel with Mr. Vipul Agrawal and
                                                        Mr. Parth Senwal, Advocates.
                          48
                          +    W.P.(C) 4437/2022 & CM APPL.13263/2022, CM APPL.13264/2022
                               MAHESH KUMAR VERMA                           ..... Petitioner
                                               Through    Mr. Neeraj Yadav, Advocate.
                                               versus
                               DEPUTY COMMISSIONER INCOME TAX & ANR.
                                                                   ..... Respondents
                                               Through    None.

                          50
                          +    W.P.(C) 4439/2022 & CM APPL.13266/2022, CM APPL.13267/2022
                               ISH REALTORS PRIVATE LIMITED                 ..... Petitioner
                                               Through    Mr. Gaurav Jain with Ms. Akshita
                                                          Goyal and Mr. Shubham Gupta,
                                                          Advocates.
                                               versus
                               INCOME TAX OFFICER, WARD 12(1), DELHI ..... Respondent
                                            Through  Ms. Vibhooti Malhotra, Sr. Standing
                                                     Counsel with Mr. Udit Sharma,
                                                     Advocate.


Signature Not Verified
Digitally Signed
By:KRISHNA BHOJ
Signing Date:17.03.2022
18:37:53
                           51
                          +    W.P.(C) 4441/2022 & CM APPL.13269/2022, CM APPL.13270/2022
                               HARISH BANSAL                                ..... Petitioner
                                               Through    None.

                                               versus

                               UNION OF INDIA & ORS.                        ..... Respondents
                                             Through      Mr. Manish Kumar, Advocate for
                                                          UOI.
                                                          Mr. Zoheb Hossain, Sr. Standing
                                                          Counsel with Mr. Vipul Agrawal and
                                                          Mr. Parth Senwal, Advocates.
                          53
                          +    W.P.(C) 4443/2022 & CM APPL.13273/2022
                               IPHITO REAL ESTATE PRIVATE LIMITED           ..... Petitioner
                                               Through    None.
                                               versus

                               OFFICE OF THE ASSISTANT COMMISSIONER OF INCOME
                               TAX & ANR.                               ..... Respondents
                                             Through  Mr. Ajit Sharma, Advocate.
                          54
                          +    W.P.(C) 4444/2022 & CM APPL.13274/2022, CM APPL.13275/2022
                               RAKESH RAWAT                                 ..... Petitioner
                                               Through    Mr. Sarthak Jain with Mr. Linoy
                                                          Varghese and Mr. Vishal Malik,
                                                          Advocates.
                                               versus
                               INCOME TAX OFFICER, WARD 21(1) DELHI & ANR.
                                                                       ..... Respondent
                                               Through    Mr. Puneet Rai, Sr. Standing Counsel
                                                          with Mr. Karan Pandey, Advocate.



Signature Not Verified
Digitally Signed
By:KRISHNA BHOJ
Signing Date:17.03.2022
18:37:53
                           56
                          +    W.P.(C) 4446/2022 & CM APPL.13278/2022, CM APPL.13279/2022
                               TUSHAR RAWAT HUF                             ..... Petitioner
                                               Through    Mr. Sarthak Jain with Mr. Linoy
                                                          Varghese and Mr. Vishal Malik,
                                                          Advocates.
                                               versus

                               INCOME TAX OFFICER, WARD 36(1) DELHI & ANR.
                                                                       ..... Respondents
                                               Through    Mr. Sanjay Kumar, Advocate.
                          58
                          +    W.P.(C) 4448/2022, CM APPL. 13282/2022
                               PANKAJ ARORA                                 ..... Petitioner
                                               Through    Mr. Mani Bhadra, Advocate.
                                               versus

                               ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 49(1)
                               & ANR.                                 ..... Respondents
                                            Through Ms. Vibhooti Malhotra, Sr. Standing
                                                    Counsel with Mr. Udit Sharma,
                                                    Advocate.
                          59
                          +    W.P.(C) 4449/2022, CM APPL. 13283/2022
                               NARESH KUMAR GUPTA                           ..... Petitioner
                                               Through    Mr. Mani Bhadra, Advocate.
                                               versus

                               ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 34(5)
                               & ANR.                                 ..... Respondents
                                            Through Mr. Kunal Sharma, Sr. Standing
                                                    Counsel with Mr. Zoheb Khan, Jr.
                                                    Standing Counsel and Mr. Shrey,
                                                    Advocates.


Signature Not Verified
Digitally Signed
By:KRISHNA BHOJ
Signing Date:17.03.2022
18:37:53
                           60
                          +    W.P.(C) 4451/2022, CM APPL. 13286-87/2022
                               KANWALJEET KAUR                                 ..... Petitioner
                                                Through     Mr. Saurabh D. Karan Singh,
                                                            Advocate.

                                                versus

                               ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE (34) 1
                               DELHI                                  ..... Respondent
                                            Through Mr. Kunal Sharma, Sr. Standing
                                                    Counsel with Mr. Zoheb Khan, Jr.
                                                    Standing Counsel and Mr. Shrey,
                                                    Advocates.
                          61
                          +    W.P.(C) 4452/2022, CM APPL. 13289/2022, CM APPL. 13288/2022
                               HARCHARAN SINGH                               ..... Petitioner
                                                Through    Mr. Saurabh D. Karan Singh,
                                                           Advocate.
                                                versus

                               INCOME TAX OFFICER WARD (35) 1, DELHI ..... Respondent
                                            Through  Mr. Sanjay Kumar, Advocate.
                          62
                          +    W.P.(C) 4455/2022, CM APPL. 13293/2022, CM APPL. 13294/2022
                               KARAN SINGH                                   ..... Petitioner
                                                Through    Mr. Naveen Kumar with Mr. N.P.
                                                           Sahni, Advocates.

                                                versus

                               DCIT, CIRCLE 13(1), DELHI & ANR.           ..... Respondents
                                              Through    Mr. Ajit Sharma, Advocate.




Signature Not Verified
Digitally Signed
By:KRISHNA BHOJ
Signing Date:17.03.2022
18:37:53
                           63
                          +    W.P.(C) 4456/2022
                               M/S A.P. GOYAL CHARITABLE TRUST             ..... Petitioner
                                               Through    Mr. Bhuwan Raj with Mr. Raghunath
                                                          Pathak, Mr. Abhinav Verma and
                                                          Ms. Manju Savita, Advocates.
                                               versus
                               INCOME TAX OFFICER                       ..... Respondent
                                            Through       Ms. Vibhooti Malhotra, Sr. Standing
                                                          Counsel with Mr. Udit Sharma,
                                                          Advocate.
                          64
                          +    W.P.(C) 4457/2022, CM APPL. 13295/2022, CM APPL. 13294/2022
                               KULDEEP BISHNOI                             ..... Petitioner
                                               Through    Mr. Naveen Kumar with Mr. N.P.
                                                          Sahni, Advocates.
                                               versus

                               ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL
                               CIRCLE-32 DELHI AND ANR.                ..... Respondents
                                             Through  Mr. Abhishek Maratha, Sr. Standing
                                                      Counsel.
                          65
                          +    W.P.(C) 4458/2022, CM APPL. 13297/2022, CM APPL. 13298/2022
                               SURJEET JAISWAL HUF                    ..... Petitioner
                                               Through    Mr. Amol Sinha with Mr. Ashvini
                                                          Kumar, Advocates.
                                               versus
                               ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 34(1),
                               DELHI & ANR.                     ..... Respondents
                                            Through Mr. Kunal Sharma, Sr. Standing
                                                    Counsel with Mr. Zoheb Khan, Jr.
                                                    Standing Counsel and Mr. Shrey,
                                                    Advocates.


Signature Not Verified
Digitally Signed
By:KRISHNA BHOJ
Signing Date:17.03.2022
18:37:53
                           68
                          +    W.P.(C) 4461/2022, CM APPL. 13302/2022, CM APPL. 13303/2022
                               A V BOBBINS PVT LTD                         ..... Petitioner
                                               Through    Mr. Ravi Pratap with Mr. Shyam
                                                          Sundar, Advocates.

                                               versus

                               ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE - 1(1)
                               NEW DELHI AND ANR.                     ..... Respondents
                                            Through Mr. Zoheb Hossain, Sr. Standing
                                                    Counsel with Mr. Vipul Agrawal and
                                                    Mr. Parth Senwal, Advocates.
                          69
                          +    W.P.(C) 4462/2022, CM APPL. 13304/2022, CM APPL. 13305/2022
                               MAYANK GOEL                                 ..... Petitioner
                                               Through    None.

                                               versus

                               INCOME TAX OFFICER, WARD 58-1 & ANR. ..... Respondents
                                            Through  Mr. Ajit Sharma, Advocate.
                          70
                          +    W.P.(C) 4463/2022, CM APPL. 13306/2022, CM APPL. 13307/2022
                               VRINDA GOLD JEWELLERY HOUSE PRIVATE LIMITED
                                                                           ..... Petitioner
                                            Through Mr. Gaurav Jain with Ms. Akshita
                                                    Goyal and Mr. Shubham Gupta,
                                                    Advocates.

                                               versus

                               ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 25(1)
                               DELHI AND ANR                           ..... Respondents
                                            Through Mr. Ruchir Bhatia, Advocate.



Signature Not Verified
Digitally Signed
By:KRISHNA BHOJ
Signing Date:17.03.2022
18:37:53
                           71
                          +    W.P.(C) 4464/2022, CM APPL. 13308/2022, CM APPL. 13309/2022
                               M/S. UNIPATCH RUBBER LTD                   ..... Petitioner
                                               Through    Mr. S. Krishnan with Mr. K.
                                                          Sampath, Advocates.
                                            versus
                               ASSISTANT COMMISSIONER OF INCOME TAX & ORS.
                                                                         ..... Respondents
                                            Through Mr. Sunil Agarwal, Sr. Standing
                                                    Counsel with Mr. Tushar Gupta,
                                                    Mr. Samarth Chaudhari, Advocates.
                          72
                          +    W.P.(C) 4465/2022
                               ANUPAMA HARIBANSH CHOUDHARY                  ..... Petitioner
                                               Through    Mr. Rishi Jaiswal with Ms. Prachi
                                                          Rai, Advocates.
                                               versus
                               INCOME TAX OFFICER, WARD 30(5) DELHI ..... Respondent
                                            Through  Mr. Ajit Sharma, Advocate.
                          73
                          +    W.P.(C) 4490/2022, CM APPL. 13375/2022, 13376/2022
                               HKAC LEASING 6860 IREALAND LIMITED ..... Petitioner
                                            Through   Ms. Anuradha Dutt with Mr. Sachit
                                                      Jolly, Mr. Rohit Garg, Ms. Disha
                                                      Jham, Ms. Mehak Sachdeva and
                                                      Mr. Sohum Dua, Advocates.
                                            versus

                               DEPUTY COMMISSIONER OF INCOME TAX & ORS.
                                                                    ..... Respondents
                                               Through    Mr. Ruchir Bhatia, Advocate.
                                                          Mr. Zoheb Hossain, Sr. Standing
                                                          Counsel with Mr. Vipul Agrawal and
                                                          Mr. Parth Senwal, Advocates.



Signature Not Verified
Digitally Signed
By:KRISHNA BHOJ
Signing Date:17.03.2022
18:37:53
                                 CORAM:
                                HON'BLE MR. JUSTICE MANMOHAN
                                HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
                                        ORDER

% 16.03.2022

1. Learned counsel for the parties admit that as the impugned notices in the present matters have been issued post 31st March, 2021 without following the procedure prescribed in the substituted Sections 147 to 151 w.e.f. 01st April, 2021, the present matters are covered by the judgment dated 15th December, 2021 passed by this Court in the case of Mon Mohan Kohli vs. Assistant Commissioner of Income Tax & Anr., W.P.(C) No.6176/2021.

2. The conclusion reached by this Court in Mon Mohan Kohli (supra) is reproduced hereinbelow:-

"CONCLUSION
97. This Court is of the view that as the Legislature has introduced the new provisions, Sections 147 to 151 of the Income Tax Act, 1961 by way of the Finance Act, 2021 with effect from 1st April, 2021 and as the said Section 147 is not even mentioned in the impugned Explanations, the reassessment notices relating to any Assessment Year issued under Section 148 after 31st March, 2021 had to comply with the substituted Sections.
98. It is clarified that the power of reassessment that existed prior to 31st March, 2021 continued to exist till the extended period i.e. till 30th June, 2021; however, the Finance Act, 2021 has merely changed the procedure to be followed prior to issuance of notice with effect from 1st April, 2021.
99. This Court is of the opinion that Section 3(1) of Relaxation Act empowers the Government/Executive to extend only the time limits and it does not delegate the power to legislate on provisions to be followed for initiation of reassessment proceedings. In fact, the Relaxation Act does not Signature Not Verified Digitally Signed By:KRISHNA BHOJ Signing Date:17.03.2022 18:37:53 give power to Government to extend the erstwhile Sections 147 to 151 beyond 31st March, 2021 and/or defer the operation of substituted provisions enacted by the Finance Act, 2021. Consequently, the impugned Explanations in the Notifications dated 31st March, 2021 and 27th April, 2021 are not conditional legislation and are beyond the power delegated to the Government as well as ultra vires the parent statute i.e. the Relaxation Act. Accordingly, this Court is respectfully not in agreement with the view of the Chhattisgarh High Court in Palak Khatuja (supra), but with the views of the Allahabad High Court and Rajasthan High Court in Ashok Kumar Agarwal (supra) and Bpip Infra Private Limited (supra) respectively.
100. The submission of the Revenue that Section 6 of the General Clauses Act saves notices issued under Section 148 post 31st March, 2021 is untenable in law, as in the present case, the repeal is followed by a fresh legislation on the same subject and the new Act manifests an intention to destroy the old procedure. Consequently, if the Legislature has permitted reassessment to be made in a particular manner, it can only be in this manner, or not at all.
101. The argument of the respondents that the substitution made by the Finance Act, 2021 is not applicable to past Assessment Years, as it is substantial in nature is contradicted by Respondents' own Circular 549 of 1989 and its own submission that from 1st July, 2021, the substitution made by the Finance Act, 2021 will be applicable.
102. Revenue cannot rely on Covid-19 for contending that the new provisions Sections 147 to 151 of the Income Tax Act, 1961 should not operate during the period 1st April, 2021 to 30th June, 2021 as Parliament was fully aware of Covid-19 Pandemic when it passed the Finance Act, 2021. Also, the arguments of the respondents qua non-obstante clause in Section 3(1) of the Relaxation Act, 'legal fiction' and 'stop the clock provision' are contrary to facts and untenable in law.
103. Consequently, this Court is of the view that the Executive/Respondents/Revenue cannot use the administrative power to issue Notifications under Section 3(1) of the Signature Not Verified Digitally Signed By:KRISHNA BHOJ Signing Date:17.03.2022 18:37:53 Relaxation Act, 2020 to undermine the expression of Parliamentary supremacy in the form of an Act of Parliament, namely, the Finance Act, 2021. This Court is also of the opinion that the Executive/Respondents/Revenue cannot frustrate the purpose of substituted statutory provisions, like Sections 147 to 151 of Income Tax Act, 1961 in the present instance, by emptying it of content or impeding or postponing their effectual operation."

3. Keeping in view the aforesaid, Explanations A(a)(ii)/A(b) to the Notifications dated 31st March, 2021 and 27th April, 2021 are declared to be ultra vires the Relaxation Act, 2020 and are therefore bad in law and null and void.

4. Consequently, the impugned reassessment notices issued under Section 148 of the Income Tax Act, 1961 are quashed and the present writ petitions are allowed. If the law permits the respondents/revenue to take further steps in the matter, they shall be at liberty to do so. Needless to state that if and when such steps are taken and if the petitioners have a grievance, they shall be at liberty to take their remedies in accordance with law.

MANMOHAN, J DINESH KUMAR SHARMA, J MARCH 16, 2022 st Signature Not Verified Digitally Signed By:KRISHNA BHOJ Signing Date:17.03.2022 18:37:53