Bagaria Properties and Investments (P) Ltd v. UOI (2021) 281 Taxman 218 (Cal.)(HC)

S. 148: Reassessment – Taxation and other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 (TLA Act, 2020) – Conducting inquiry, providing opportunity before issue of notice – Notice was issued without following mandatory obligations – Notice was issued – Matter was posted for final hearing after eight weeks .[ S. 3,147, 148A, Art , 226 ]

Assessee filed writ petition on ground that impugned reassessment notice was issued invoking section 3(1) of Taxation and other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 (TLA Act, 2020) without following mandatory statutory obligations under section 148A as inserted by Finance Act, 2021 with effect from 1-4-2021. Court observed that since revenue could neither submit any evidence to show that provision of section 148A were followed before issuing reopening notice against assessee nor could deny allegations of assessee, matter was listed for final hearing after eight weeks  ( AY. 2014 -15 , 2015-16 )