For AY 2017-18, notice under section 148 was issued on 28-6-2021 culminating in an order on 30-3-2022, which attained finality. Relying on UOI v. Ashish Agarwal (2022) 444 ITR 1 (SC), the AO issued a fresh notice under section 148A(b) on 1-6-2022 leading to a fresh order under section 148A(d). Held, allowing the petition, that the Supreme Court’s directions were confined to reassessment notices pending as of 4-5-2022 and did not authorize reopening of already concluded assessments. Therefore, the order under section 148A(d) and consequential notice under section 148 dated 31-7-2022 were quashed. (AY. 2017-18)
Merton v. Dy. CIT (2025) 475 ITR 734 / 171 taxmann.com 544 (Mad)(HC)
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Original notice under section 148 issued before 1-4-2021 culminated in reassessment order attaining finality-Fresh notice under section 148A(b) impermissible-Supreme Court directions in UOI v. Ashish Agarwal limited to pending reassessment proceedings-Notice and order quashed. [S. 147, 148, 148A(b), 148A(d), Art. 226]
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