For the assessment year 2017-2018, the Assessing Officer issued a notice under section 148 of the Income-tax Act, 1961 on June 28, 2021 which had culminated in an assessment order dated March 30, 2022. Both the Department and the assessee accepted this order, and no further proceedings were initiated thereafter. However, following the Supreme Court’s directions in Union of India v. Ashish Agarwal, (2022) 444 ITR 1 (SC); (2023) 1 SCC 617; 2022 SCC OnLine SC 543 dated May 4, 2022, the Assessing Officer issued a fresh notice under section 148A(b) on June 1, 2022 which led to an order under section 148A(d) and a consequential notice under section 148 both dated July 31, 2022. On a writ petition:

Held, allowing the petition, that the Supreme Court decision in Union of India v. Ashish Agarwal, (2022) 444 ITR 1 (SC); (2023) 1 SCC 617; 2022 SCC OnLine SC 543 under article 142 of the Constitution of India was to put to rest the issues that arose out of the amendment to the Income-tax Act, 1961 by the Finance Act, 2021 (2021) 432 ITR (St) 52). The Supreme Court had not given any direction to the Assessing Officer to reopen assessments that were already completed by treating notices issued under section 148 as initial notices under section 148A(b) as amended with effect from April 1, 2021. Therefore, the order passed under section 148A(d) and the consequential notice under section 148 both dated July 31, 2022 were quashed.(AY. 2017-18)