On writ the Court held that since provisions of Taxation and Other Laws (Relaxation and Amendment of certain Provisions) Act, 2020 applied to pre-amended law as applicable till 31-3-2021 and erstwhile regime of section 148 (applicable up to 31-3-2021) had been repealed by Parliament without any savings and exception clause and was substituted with an altogether new regime vide Finance Act, 2021 with effect from 1-4-2021, notices issued on or after 1-4-2021, relating to assessment years 2013-14 and 2014-15, under section 148 by converting/treating same as under newly inserted section 148A by Finance Act, 2021 which came into effect from 1-4-2021 and all subsequent proceedings on basis of notices are bad in law. would not be sustainable in law and are quashed and all legal consequences will follow automatically. (AY. 2013-14, 2014-15)
Arati Marketing (P.) Ltd. v. UOI (2024)470 ITR 453 / 159 taxmann.com 322 (Cal)(HC)
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Notices issued u/s 148 on or after 1-4-2021 relating to assessment years 2013-14 and 2014-15-Time limit-Finance Act, 2021 which came in to effect from 1-4-2021-TOLA applied to pre-amended law as applicable till 31-3-2021-Notices and all subsequent proceedings are quashed-Interpretation of taxing statutes-Legislative intent.[S. 147, 148, Art. 226]
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