Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 4, Cited by 2]

Delhi High Court - Orders

Amar Nath Goenka Huf vs Income Tax Officer Ward 30(5) Delhi And ... on 29 July, 2021

Author: Manmohan

Bench: Manmohan, Navin Chawla

                              $~25 to 27, 29 to 36, 38 to 42, 44 to 58, 60 to 63 and 65
                              *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                              +     W.P.(C) 7158/2021
                                    AMAR NATH GOENKA HUF                                 ..... Petitioner
                                                        Through       Mr.Kapil Goel Sandeep Goel &
                                                                      Mr.Dhananjay Garg Advs

                                                       versus

                                    INCOME TAX OFFICER WARD 30(5) DELHI AND ORS.
                                                                              ..... Respondents
                                                 Through  Mr.Jivesh Kr. Tiwari, SPC for R-2.


                              +     W.P.(C) 7163/2021
                                    NIPUN GUPTA                                         ..... Petitioner
                                                     Through       Mr.Amol Sinha, Mr.Ashvini Kumar,
                                                                   Advs.

                                                       versus

                                    INCOME TAX OFFICER, WARD -9(1), DELHI & ANR.
                                                                                ..... Respondents
                                                     Through Mr.Abhishek Maratha, Sr. SC
                              +     W.P.(C) 7165/2021
                                    JAYSHREE INFRASTRUCTURE PVT LTD.             ..... Petitioner
                                                     Through Mr.Amol Sinha, Mr.Ashvini Kumar,
                                                             Advs.
                                                     versus

                                    DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-13(1),
                                    DELHI & ANR.                            ..... Respondents
                                                 Through Ms.Vibhooti Malhotra, Sr. SC

                              +     W.P.(C) 7168/2021
                                    DLF HOMES PANCHKULA PVT LTD                   ..... Petitioner
                                                     Through Ms. Kavita Jha, Mr. Udit Naresh and
                                                             Ms. Shwetha Prabhakar Advocates



Signature Not Verified
Digitally Signed By:JASWANT
SINGH RAWAT
Signing Date:01.08.2021
13:15:25
                                                    versus

                                  ASSISTANT COMMISSIONER OF INCOME TAX & ANR.
                                                                            ..... Respondents
                                               Through Mr.Ruchir Bhatia, Sr.SC

                              +   W.P.(C) 7169/2021
                                  DEEPAK BHARDWAJ                                 ..... Petitioner
                                                   Through     Mr. Kishore Kunal, Mr.Manish
                                                               Rastogi, Mr. Parth Jaiprakash,
                                                               Mr.Sumit Khadaria, Advs.

                                                   versus

                                  UNION OF INDIA & ORS.                          ..... Respondents
                                                Through        Mr.Rajkumar Yadav and Mr.Sanjay
                                                               Singh Advs for respondent UOI

                              +   W.P.(C) 7170/2021
                                  TAXILA REALTY PRIVATE LIMITED                  ..... Petitioner
                                                   Through Mr.Rohit Tiwari, Adv.

                                                   versus

                                  INCOME TAX OFFICER WARD 25(1), DELHI & ANR.
                                                                             ..... Respondents
                                               Through  Mr.Ruchir Bhatia,Sr. SC

                              +   W.P.(C) 7171/2021
                                  SUNAYANA MALHOTRA                                ..... Petitioner
                                                   Through     Mr.Rahul Malhotra, Adv.

                                                   versus

                                  UNION OF INDIA                                    ..... Respondent
                                                Through        Mr.Ruchir Bhatia,Sr. SC




Signature Not Verified
Digitally Signed By:JASWANT
SINGH RAWAT
Signing Date:01.08.2021
13:15:25
                               +   W.P.(C) 7172/2021
                                  IRCON INTERNATIONAL LIMITED                ..... Petitioner
                                                   Through Mr. Neeraj Jain, Mr. Aniket D.
                                                           Agrawal, Advocate

                                                   versus

                                  ASSISTANT COMMISSIONER OF INCOME TAX & ORS.
                                                                          ..... Respondents
                                               Through Mr.Ravi Prakash CGSC for UOI

                              +   W.P.(C) 7173/2021
                                  SITA MITTAL                                          ..... Petitioner
                                                   Through     Mr.Sagar Rohtgi, Adv.

                                                   versus

                                  INCOME TAX OFFICER & ANR.                ..... Respondents
                                               Through  Mr.Ajit Sharma, Sr.SC

                              +   W.P.(C) 7174/2021
                                  INDIA KNOWLEDGE CITY FOUNDATION                ..... Petitioner
                                                   Through Mr.Saurabh D.Karan Singh,
                                                           Ms.Kanika Jain, Advs.

                                                   versus

                                  INCOME TAX OFFICER, WARD (12) 1, NEW DELHI
                                                                             ..... Respondent
                                               Through  Mr.Ajit Sharma, Sr.SC

                              +   W.P.(C) 7175/2021
                                  DEEPANSHU GARG                                 ..... Petitioner
                                                   Through     Mr.Ved Jain and Ms.Richa Mishra,
                                                               Advs

                                                   versus




Signature Not Verified
Digitally Signed By:JASWANT
SINGH RAWAT
Signing Date:01.08.2021
13:15:25
                                   INCOME TAX OFFICER, WARD 71(1) & ORS. ..... Respondents
                                               Through  Mr.Puneet Rai, Sr. SC with
                                                        Ms.Adeeba Mujahid, Jr. SC For
                                                        Income Tax Department.
                                                        Mr.Neeraj,       Mr.Sahaj    Garg,
                                                        Mr.Vedansh Anand and Mr.Rudra
                                                        Paliwal, Advs. for R-4

                              +   W.P.(C) 7177/2021
                                  KABIR FOODS PRIVATE LIMITED                 ..... Petitioner
                                                   Through Mr.Ved Jain and Ms.Richa Mishra,
                                                           Advs

                                                  versus

                                  INCOME TAX OFFICER, WARD 14(1) & ORS. ..... Respondents
                                               Through  Mr.Abhishek Maratha,Sr.SC for R-1.
                                                        Ms.Aakanksha Kaul, Mr.Manek
                                                        Singh, Advs. for UOI.

                              +   W.P.(C) 7178/2021
                                  KANIKA SHARMA                                 ..... Petitioner
                                                   Through    Ms.Ananya Kapoor, Ms. Soumya
                                                              Singh, Advs.

                                                  versus

                                  INCOME TAX OFFICER, WARD 28-1, DELHI & ANR.
                                                                            ..... Respondents
                                               Through  Mr.Ajit Sharma, Sr.SC

                              +   W.P.(C) 7180/2021
                                  SAMIR DEV SHARMA                             ..... Petitioner
                                                   Through    Mr.Ved Jain and Ms.Richa Mishra,
                                                              Advs.

                                                  versus




Signature Not Verified
Digitally Signed By:JASWANT
SINGH RAWAT
Signing Date:01.08.2021
13:15:25
                                   INCOME TAX OFFICER, WARD 28(1) & ORS. ..... Respondents
                                               Through  Mr.Bhagvan Swarup Shukla, CGSC
                                                        with   Mr.Sarvan      Kumar     and
                                                        Mr.Sawan Kumar Shukla, Advs for
                                                        UOI.

                              +   W.P.(C) 7181/2021
                                  MOHIT AGGARWAL                                ..... Petitioner
                                                   Through    Mr.Inder Paul Bansal and Mr.Vivek
                                                              Bansal, Advocates
                                                   versus

                                  ASSISTANT COMMISSIONER INCOME TAX CIRCLE 43 (1)
                                  NEW DELHI & ORS.                       ..... Respondents
                                               Through Mr.Puneet Rai, Sr. SC with
                                                       Ms.Adeeba Mujahid, Jr. SC For
                                                       Income Tax Department

                              +   W.P.(C) 7184/2021
                                  MR. SUSHILKUMAR TILOKCHAND NAHAR              ..... Petitioner
                                                   Through Ms.Archana Sahadeva, Adv

                                                   versus

                                  ASSISTANT COMMISSIONER OF INCOME TAX & ORS.
                                                                           ..... Respondents
                                               Through Mr.Kunal Sharma, Sr. SC

                              +   W.P.(C) 7190/2021
                                  RAJ KUMAR SHARMA                             ..... Petitioner
                                                   Through    Mr.Ved Jain and Ms.Richa Mishra,
                                                              Advs
                                                   versus

                                  ASSISSTANT COMMISSIONER OF INCOME TAX CIRCLE 25-1
                                  & ORS.                             ..... Respondents
                                               Through Mr.Puneet Rai, Sr. SC with
                                                       Ms.Adeeba Mujahid, Jr. SC For



Signature Not Verified
Digitally Signed By:JASWANT
SINGH RAWAT
Signing Date:01.08.2021
13:15:25
                                                                Income Tax Department.
                                                               Mr.Jaswant Rai Aggarwal, Adv. for
                                                               UOI.

                              +   W.P.(C) 7191/2021
                                  ALFONSO BUILDERS AND DEVELOPERS PRIVATE LIMITED
                                                                                   ..... Petitioner
                                                   Through Ms. Kavita Jha, Mr. Udit Naresh and
                                                           Ms. Shwetha Prabhakar Advocates

                                                   versus

                                  INCOME TAX OFFICER & ORS.               ..... Respondents
                                               Through  Mr.Sanjay Kumar and Ms.Easha
                                                        Kadian, Standing Counsel for Income
                                                        Tax Department

                              +   W.P.(C) 7193/2021
                                  NEERU GOEL                                    ..... Petitioner
                                                   Through     Mr.Kapil Goel Sandeep Goel &
                                                               Mr.Dhananjay Garg Advs

                                                   versus

                                  ASSISTANT COMISSIONER OF INCOME TAX CIRCLE 70(1)
                                  DELHI AND ANR.                          ..... Respondents
                                               Through  Mr.Sunil Agarwal, Sr. SC and
                                                        Mr.Tushar Gupta, Jr. SC

                              +   W.P.(C) 7196/2021
                                  KANCHAN SHARMA                                 ..... Petitioner
                                                   Through     Ms.Ananya Kapoor, Ms. Soumya
                                                               Singh, Advs.

                                               versus
                                  INCOME TAX OFFICER, WARD 28-1, DELHI & ANR.
                                                                            ..... Respondents
                                               Through  Mr.Ajit Sharma, Sr.SC



Signature Not Verified
Digitally Signed By:JASWANT
SINGH RAWAT
Signing Date:01.08.2021
13:15:25
                               +   W.P.(C) 7200/2021
                                  BCC DEVELOPERS AND PROMOTERS PVT. LTD. ..... Petitioner
                                                   Through Mr.Rahul Malhotra, Adv.

                                                   versus

                                  UNION OF INDIA                                ..... Respondent
                                                Through       Mr.Kunal Sharma, Sr.SC

                              +   W.P.(C) 7201/2021
                                  IRCON INTERNATIONAL LIMITED                 ..... Petitioner
                                                   Through Mr. Neeraj Jain, Mr. Aniket D.
                                                           Agrawal, Advocates

                                                   versus

                                  ASSISTANT COMMISSIONER OF INCOME TAX & ORS.
                                                                          ..... Respondents
                                               Through Mr.Ravi Prakash CGSC for UOI

                              +   W.P.(C) 7203/2021
                                  BIOTRONIK MEDICAL DEVICES INDIA PVT. LTD...... Petitioner
                                                   Through Mr.Salil Kapoor, Ms. Ananya
                                                           Kapoor, Mr Sumit Lalchandani, Advs

                                                   versus

                                  DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 4(2) &
                                  ANR.                                    ..... Respondents
                                              Through  Mr.Kunal Sharma, Sr.SC

                              +   W.P.(C) 7205/2021
                                  DLF HOME DEVELOPERS LIMITED                   ..... Petitioner
                                                   Through Ms. Kavita Jha, Mr. Udit Naresh and
                                                           Ms. Shwetha Prabhakar Advocates

                                                   versus




Signature Not Verified
Digitally Signed By:JASWANT
SINGH RAWAT
Signing Date:01.08.2021
13:15:25
                                   ASSISTANT COMMISSIONER OF INCOME TAX & ORS.
                                                                           ..... Respondents
                                               Through Mr.Zoheb Hossain, Sr.SC

                              +   W.P.(C) 7206/2021
                                  HIMANSHU INFRATECH PVT LTD                  ..... Petitioner
                                                   Through Mr.Rohit Jain, Mr.Aniket D.
                                                           Agrawal, Advocates

                                                   versus

                                  INCOME TAX OFFICER & ORS.               ..... Respondents
                                               Through  Mr.Abhishek Maratha, Sr.SC for R-1.
                                                        Ms.Arti Bansal, Adv. for R-3

                              +   W.P.(C) 7208/2021
                                  DLF LIMITED                                    ..... Petitioner
                                                   Through     Ms. Kavita Jha, Mr.Udit Naresh and
                                                               Ms. Shwetha Prabhakar Advocates

                                                   versus

                                  ASSISTANT COMMISSIONER OF INCOME TAX & ANR.
                                                                           ..... Respondents
                                               Through Mr.Zoheb Hossain, Sr.SC

                              +   W.P.(C) 7210/2021
                                  SANGEETA KHANDELWAL                             ..... Petitioner
                                                   Through Mr. Salil Kapoor, Ms.Soumya Singh,
                                                           Ms. Ananya Kapoor, Mr.Sumit
                                                           Lalchandani, Mr Sanat Kapoor, Advs.

                                                   versus

                                  ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 28-1
                                  & ANR.                                 ..... Respondents
                                               Through Mr.Ajit Sharma, Sr.SC




Signature Not Verified
Digitally Signed By:JASWANT
SINGH RAWAT
Signing Date:01.08.2021
13:15:25
                               +   W.P.(C) 7211/2021
                                  AKSHI KHANDELWAL                                  ..... Petitioner
                                                   Through     Mr. Salil Kapoor, Ms.Soumya Singh,
                                                               Ms. Ananya Kapoor, Mr.Sumit
                                                               Lalchandani, Mr Sanat Kapoor, Advs.
                                                   versus

                                  INCOME TAX OFFICER, WARD 30(1) & ANR. ..... Respondents
                                               Through  Mr.Ajit Sharma, Sr.SC

                              +   W.P.(C) 7212/2021
                                  SHELLY CHOUDHARY                                ..... Petitioner
                                                   Through     Mr.Ved Jain and Ms.Richa Mishra,
                                                               Advs

                                                   versus

                                  INCOME TAX OFFICER, WARD 22(3) & ORS. ..... Respondents
                                               Through  Mr.Puneet Rai, Sr. SC with
                                                        Ms.Adeeba Mujahid, Jr. SC

                              +   W.P.(C) 7213/2021
                                  AKINA BUILDERS AND DEVELOPERS PRIVATE LIMITED
                                                                                   ..... Petitioner
                                                   Through Ms. Kavita Jha, Mr. Udit Naresh and
                                                           Ms. Shwetha Prabhakar Advocates

                                                   versus

                                  INCOME TAX OFFICER & ORS.              ..... Respondents
                                               Through  Mr.Zoheb Hossain, Sr. SC

                              +   W.P.(C) 7215/2021
                                  SHIVDURGA MARKETING PRIVATE LIMITED. ..... Petitioner
                                                   Through Mr. Salil Kapoor, Ms.Soumya Singh,
                                                           Ms. Ananya Kapoor, Mr.Sumit
                                                           Lalchandani, Mr Sanat Kapoor, Advs.



Signature Not Verified
Digitally Signed By:JASWANT
SINGH RAWAT
Signing Date:01.08.2021
13:15:25
                                                    versus

                                  ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 22-2
                                  & ANR.                                ..... Respondents
                                               Through Mr.Puneet Rai, Sr. SC with
                                                       Ms.Adeeba Mujahid, Jr. SC

                              +   W.P.(C) 7217/2021
                                  TAXILA REALTY PRIVATE LIMITED                  ..... Petitioner
                                                   Through Mr.Rohit Tiwari, Adv.

                                                   versus

                                  INCOME TAX OFFICER WARD 25(1), DELHI & ANR.
                                                                             ..... Respondents
                                               Through  Mr.Ruchir Bhatia,Sr. SC

                              +   W.P.(C) 7219/2021
                                  MIRAGE BUILDERS AND DEVELOPERS PVT. LTD. .. Petitioner
                                                   Through Mr. Salil Kapoor, Ms.Soumya Singh,
                                                           Ms. Ananya Kapoor, Mr.Sumit
                                                           Lalchandani, Mr Sanat Kapoor, Advs.
                                                   versus

                                  INCOME TAX OFFICER, CIRCLE 17-1-DELHI & ANR.
                                                                            ..... Respondents
                                               Through   Ms.Vibhooti Malhotra, Sr. SC

                              +   W.P.(C) 7220/2021
                                  MIRAGE BUILDERS AND DEVELOPERS PVT. LTD..... Petitioner
                                                   Through Mr. Salil Kapoor, Ms.Soumya Singh,
                                                           Ms. Ananya Kapoor, Mr.Sumit
                                                           Lalchandani, Mr Sanat Kapoor, Advs.
                                                   versus

                                  INCOME TAX OFFICER, CIRCLE 17-1 DELHI & ANR.
                                                                            ..... Respondents
                                               Through   Ms.Vibhooti Malhotra, Sr.SC



Signature Not Verified
Digitally Signed By:JASWANT
SINGH RAWAT
Signing Date:01.08.2021
13:15:25
                               +    W.P.(C) 7225/2021
                                   AFAAF BUILDERS AND DEVELOPERS PRIVATE LIMITED
                                                                                    ..... Petitioner
                                                    Through Ms. Kavita Jha, Mr. Udit Naresh and
                                                            Ms. Shwetha Prabhakar Advocates

                                                     versus

                                   INCOME TAX OFFICER & ORS.              ..... Respondents
                                                Through  Mr.Kunal Sharma, Sr.SC

                              +    W.P.(C) 7231/2021
                                   NAVEEN KHANDELWAL                                 ..... Petitioner
                                                    Through      Mr. Salil Kapoor, Ms.Soumya Singh,
                                                                 Ms. Ananya Kapoor, Mr.Sumit
                                                                 Lalchandani, Mr Sanat Kapoor, Advs.
                                                     versus

                                   INCOME TAX OFFICER, WARD 30-1 & ANR. ..... Respondents
                                                Through  Mr.Ajit Sharma, Sr.SC


                                   CORAM:
                                   HON'BLE MR. JUSTICE MANMOHAN
                                   HON'BLE MR. JUSTICE NAVIN CHAWLA
                                           ORDER

% 29.07.2021 The hearing has been conducted through video conferencing. CM No.22625/2021 (Exemption) in WP(C) 7163/2021 CM No.22630/2021(Exemption) in WP(C) 7165/2021 CM No.22640/2021(Exemption) in WP(C) 7168/2021 CM Nos.22643-44/2021(Exemption) in WP(C) 7170/2021 CM No.22646/2021(Exemption) in WP(C) 7171/2021 CM No. 22648/2021(Exemption) in WP(C) 7172/2021 CM Nos.22651-62/2021(Exemption) in WP(C) 7174/2021 CM No.22654/2021(Exemption) in WP(C) 7175/2021 CM No.22658/2021(Exemption) in WP(C) 7177/2021 Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:01.08.2021 13:15:25 CM No.22663/2021(Exemption) in WP(C) 7178/2021 CM No. 226672021(Exemption) in WP(C) 7180/2021 CM No.22673/2021(Exemption) in WP(C) 7184/2021 CM No. 22684/2021(Exemption) in WP(C) 7190/2021 CM No. 22684/2021(Exemption) in WP(C) 7191/2021 CM No.22693/2021(Exemption) in WP(C) 7196/2021 CM No. 22702/2021(Exemption) in WP(C) 7200/2021 CM No.22704/2021(Exemption) in WP(C) 7201/2021 CM No. 22707/2021(Exemption) in WP(C) 7203/2021 CM No. 22709/2021(Exemption) in WP(C) 7205/2021 CM No. 22711/2021(Exemption) in WP(C) 7206/2021 CM No.22713 /2021(Exemption) in WP(C) 7208/2021 CM No. 22717/2021(Exemption) in WP(C) 7210/2021 CM No. 22719/2021(Exemption) in WP(C) 7211/2021 CM No. 22721/2021(Exemption) in WP(C) 7212/2021 CM No. 22723/2021(Exemption) in WP(C) 7213/2021 CM No. 22727/2021(Exemption) in WP(C) 7215/2021 CM Nos.22732-33/2021(Exemption) in WP(C) 7217/2021 CM No.22742/2021(Exemption) in WP(C) 7219/2021 CM No. 22744/2021(Exemption) in WP(C) 7220/2021 CM No. 22760/2021(Exemption) in WP(C) 7225/2021 CM No. 22780/2021(Exemption) in WP(C) 7231/2021 Allowed, subject to all just exceptions. W.P.(C) 7158/2021 & CM No.22618/2021 W.P.(C) 7163/2021 & CM No.22626/2021 W.P.(C) 7165/2021 & CM No.22631/2021 W.P.(C) 7168/2021 & CM No.22639/2021 W.P.(C) 7169/2021 & CM No.22641/2021 W.P.(C) 7170/2021 & CM No.22642/2021 W.P.(C) 7171/2021 & CM No.22645/2021 W.P.(C) 7172/2021 & CM No.22647/2021 W.P.(C) 7173/2021 & CM No.22649/2021 W.P.(C) 7174/2021 & CM No.22650/2021 W.P.(C) 7175/2021 & CM No.22653/2021 W.P.(C) 7177/2021 & CM No.22657/2021 W.P.(C) 7178/2021 & CM No.22662/2021 W.P.(C) 7180/2021 & CM No.22666/2021 Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:01.08.2021 13:15:25 W.P.(C) 7181/2021 & CM No.22668/2021 W.P.(C) 7184/2021 & CM No.22672/2021 W.P.(C) 7190/2021 & CM No.22681/2021 W.P.(C) 7191/2021 & CM No.22683/2021 W.P.(C) 7193/2021 & CM No.22686/2021 W.P.(C) 7196/2021 & CM No.22692/2021 W.P.(C) 7200/2021 & CM No.22701/2021 W.P.(C) 7201/2021 & CM No.22703/2021 W.P.(C) 7203/2021 & CM No.22706/2021 W.P.(C) 7205/2021 & CM No.22708/2021 W.P.(C) 7206/2021 & CM No.22710/2021 W.P.(C) 7208/2021 & CM No.22712/2021 W.P.(C) 7210/2021 & CM No.22716/2021 W.P.(C) 7211/2021 & CM No.22718/2021 W.P.(C) 7212/2021 & CM No.22720/2021 W.P.(C) 7213/2021 & CM No.22722/2021 W.P.(C) 7215/2021 & CM No.22726/2021 W.P.(C) 7217/2021 & CM No.22731/2021 W.P.(C) 7219/2021 & CM No.22741/2021 W.P.(C) 7220/2021 & CM No.22743/2021 W.P.(C) 7225/2021 & CM No.22759/2021 W.P.(C) 7231/2021 & CM No.22779/2021

1. On 13th July, 2021, this Court in similar writ petitions being W.P.(C) Nos.6442/2021, 6443/2021 and 6451/2021 had issued notices and granted stay of the impugned notices. The relevant portion of the order passed in W.P.(C) Nos.6442/2021, 6443/021 and 6451/2021 is reproduced hereinbelow:-

".......Learned counsel for the petitioners states that the impugned notices are invalid in the eyes of law and void from inception as they were issued without following the process of issuance of prior notice under section 148A of the Act. He submits that the impugned notices are invalid as they have been issued under the pre-amended provisions of the Act, which were no longer in force on the date of the impugned notices. He emphasises that the amendments are applicable to all the notices Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:01.08.2021 13:15:25 issued under Section 148 of the Act post 01st April, 2021.
Learned counsel for the petitioners states that the impugned notifications issued by the Respondent-2 are ultra vires the Act insofar as they contain the 'explanation' clarifying that the pre-amended Sections 148, 149 and 151 of the Act shall govern the issue of notice under Section 148 post 01st April, 2021. According to him, Section 3(1) of the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 authorizes the Central Government to only extend the time limits and nothing more.
He further states that the respondents cannot indirectly extend the operation of the old provisions of the Act beyond 31st March, 2021 in the guise of a clarification under delegated legislation.
He also relies upon interim stay orders passed by the Bombay High Court as well as by the learned predecessor Division Bench of this Court in Mon Mohan Kohli vs. Assistant Commissioner of Income Tax & Anr., W.P. (C) 6176/2021 dated 07th July, 2021.
Issue Notice. Mr. Sanjay Kumar, Advocate, Mr.Ajit Sharma, Advocate and Mr.Kunal Sharma, Advocate accept notice on behalf of the respondents in W.P.(C) Nos.6442/2021, 6443/2021 and 6451/2021 respectively.
Learned counsel for the respondents state that in the present cases, the time limit for issuing the notices under Section 148 of the Act stood expired and, therefore, any action under Section 148 would have been time barred by virtue of the proviso to Section 149(1) of the Act. They submit that by virtue of introduction of Section 3(1) of the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020, the time limit for taking action under Section 148 has been extended till 30th June, 2021. Consequently, according to them, the impugned notifications only provide that as the time limit for issuing notice under Section 148A of the Act has been extended by deemed fiction, the procedure to be followed till 30th June, 2021 would be the old procedure mentioned under the Act. In support of their submission, they also rely upon Section 6 of the General Clauses Act, 1897.
Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:01.08.2021 13:15:25
Having heard learned counsel for the parties, this Court is of the prima facie view that the impugned notification is contrary to settled principle of statutory interpretation, namely, that any action taken post the amendment of a procedural section would have to abide by the new procedures stipulated in the amended Act.
Further, this Court is of the prima facie view that by virtue of a notification, which is a delegated legislation, the date for implementation of statutory provision, as stipulated in the Act, cannot be varied or changed.
This Court is also of the prima facie opinion that Section 6 of the General Clauses Act, 1897 offers no assistance to the respondents as the new Section 148A demonstrates an intent 'to destroy' the old procedure.
Consequently, following the interim orders passed by the learned predecessor Division Bench in Mon Mohan Kohli vs. Assistant Commissioner of Income Tax & Anr., W.P. (C) 6176/2021 dated 07th July, 2021 as well as similar interim order passed by the Bombay High Court, this Court directs that there shall be a stay of the operation of the impugned notices dated 09th June, 2021, 30th June, 2020 and 28th June, 2020 passed in W.P. (C) 6442/2021, 6443/2021 and 6451/2021 respectively.
Let counter-affidavits be filed within three weeks. Rejoinder Affidavits, if any, be filed before the next date of hearing.
List on 28th September, 2021."

2. Consequently, issue notice. Notice is accepted by the counsel for the respondents mentioned hereinabove. They pray for and are permitted to file their counter-affidavits within three weeks. Rejoinder affidavit(s), if any, be filed before the next date of hearing.

3. Till further orders, the respondents are restrained from continuing with the reassessment proceedings, in any manner, pursuant to the impugned notices.

Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:01.08.2021 13:15:25

4. List along with WP(C) No. 6442/2021 on 28th September, 2021.

5. Ms.Kavita Jha and Mr.Sunil Aggarwal are directed to file their short written submission on behalf of the petitioner(s) and respondent(s) respectively not exceeding five pages each within four weeks alongwith the judgments which they wishes to rely upon.

6. It is made clear that no adjournment shall be granted on the next date of hearing.

7. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through e-mail.

MANMOHAN, J NAVIN CHAWLA, J JULY 29, 2021/Arya Signature Not Verified Digitally Signed By:JASWANT SINGH RAWAT Signing Date:01.08.2021 13:15:25