HC admits ‘Tata Comm.’ writ challenging constitutional validity of issuing reassessment notice under old provisions
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- Last Updated on 23 July, 2021
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Case details: Tata Communications Transformation Services Ltd. v. ACIT - [2021] 128 taxmann.com 247 (Bombay)
Judiciary and Counsel Details
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- Sunil P. Deshmukh and Abhay Ahuja, JJ.
- Jehangir Mistri, Sr. Adv. and Harsh Kapadia for the Petitioner.
- Suresh Kumar for the Respondent.
Facts of the Case
Assessee-Tata Communications Transformation Services Ltd has challenged the constitutional validity of section 3 of Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 [TLA Act, 2020] and Notification No. 20/2021, dated 31-03-2021.
Notification no. 20/2021 has allowed revenue to issue reassessment notice under old provisions of section 148 even after the expiry of 31-03-2021. Para A(a) of Notification no. 20/2021 provides that 30-04-2021 (later further extended to 30-06-2021) shall be the last date for issuance of notice under section 148 if, on account of various extension notifications, the due date is getting expired on 31-03-2021.
The assessee submitted that several provisions of the Income-tax Act including those of section 148 and various other provisions have been substituted by the Finance Act, 2021 which has been enforced w.e.f., 01/04/2021. Thus, reassessment notice cannot be issued based on earlier provisions of the Income-tax Act, 1961 on or after 01-04-2021.
High Court Held
Considering the fact of the case, the Bombay High Court has issued notice to revenue and Attorney General of India.
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