Shri Raghav Trading Corp vs Income Tax Officer
2022 Latest Caselaw 7236 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Writ Petition No. 5126/2022

Shri Raghav Trading Corp., Having Address A-12 Karni Nagar Pawanpuri Bikaner 334001, Rajasthan India Through Its Partner Anil Asopa S/o Shyam Sunder Asopa Resident Of Champaram Jewellers Wali Gali A 79,80 Karni Nagar Pawanpuri Bikaner Rajasthan - 341001

----Petitioner Versus

1. Income Tax Officer, Ward 2, Bikaner Rajasthan, Aaykar Bhawan, Rani Bazaar, Bikaner, Rajasthan-334001

2. Central Board Of Direct Taxes, Ministry Of Finance, North Block, New Delhi 110011 Through Its Chairman.

----Respondents

For Petitioner(s) : Mr. Prateek Kedawat For Respondent(s) : Mr. Surbhi Bissa for Mr. K. K. Bissa

HON'BLE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Judgment

16/05/2022

When this case came up for hearing today, learned counsel

for the parties jointly submitted that the issue raised in this

petition would be covered by order dated 04.05.2022 passed by

the Hon'ble Supreme Court in the case of Union of India &

Others Vs. Ashish Agarwal (Civil Appeal No. 3005/2022 and

batch of appeals).

Following directions have been issued by the Hon'ble

Supreme Court in the aforesaid case:

"10. In view of the above and for the reasons stated above, the present Appeals are ALLOWED IN PART. The impugned common judgments and orders passed by the High Court of Judicature at Allahabad in W.T. No. 524/2021 and other allied tax

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appeals/petitions, is/are hereby modified and substituted as under:

(i) The impugned section 148 notices issued to the respective assessees which were issued under unamended section 148 of the IT Act, which were the subject matter of writ petitions before the various respective High Courts shall be deemed to have been issued under section 148A of the IT Act as substituted by the Finance Act, 2021 and construed or treated to be show-cause notices in terms of section 148A(b). The assessing officer shall, within thirty days from today provide to the respective assessees information and material relied upon by the Revenue, so that the assessees can reply to the show-cause notices within two weeks thereafter

(ii) The requirement of conducting any enquiry, if required, with the prior approval of specified authority under section 148A(a) is hereby dispensed with as a one-time measure vis-à-vis those notices which have been issued under section 148 of the unamended Act from 01.04.2021 till date, including those which have been quashed by the High Courts.

Even otherwise as observed hereinabove holding any enquiry with the prior approval of specified authority is not mandatory but it is for the concerned Assessing Officer to hold any enquiry, if required ;

(iii) The assessing officers shall thereafter pass orders in terms of section 148A(d) in respect of each of the concerned assessees; Thereafter after following the procedure as required under section 148A may issue notice under section 148 (as substituted);

(iv) All defences which may be available to the assessees including those available under section 149 of the IT Act and all rights and contentions which may be available to the concerned assessees and Revenue under the Finance Act, 2021 and in law shall continue to be available.

11. The present order shall be applicable PAN INDIA and all judgments and orders passed by different High Courts on the issue and under which similar notices which were issued after 01.04.2021 issued under section 148 of the Act are set aside and shall be governed by the present order and shall stand modified to the aforesaid extent. The present order is passed in exercise of powers under Article 142 of the Constitution of India so as to avoid any further appeals by the Revenue on the very issue by challenging similar judgments and orders, with a view not to burden this Court with approximately 9000 appeals. We also observe that present order shall also govern the pending writ petitions, pending

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before various High Courts in which similar notices under Section 148 of the Act issued after 01.04.2021 are under challenge.

12. The impugned common judgments and orders passed by the High Court of Allahabad and the similar judgments and orders passed by various High Courts, more particularly, the respective judgments and orders passed by the various High Courts particulars of which are mentioned hereinabove, shall stand modified/substituted to the aforesaid extent only.

All these appeals are accordingly partly allowed to the aforesaid extent.

In the facts of the case, there shall be no order as to costs."

Accordingly, this writ petition is also finally disposed off in

terms of order dated 04.05.2022 passed by the Hon'ble Supreme

Court in the case of Union of India & Others Vs. Ashish

Agarwal (supra), as stated above.

The authorities concerned shall proceed to decide the matter

in accordance with the directions issued by the Hon'ble Supreme

Court in para 10 of the aforesaid order.

(MADAN GOPAL VYAS),J (MANINDRA MOHAN SHRIVASTAVA),ACJ

55-nidhi/-

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