The Assessing Officer passed an order dated March 31, 2022, to the effect that the reassessment was completed under section\u00a0147\u00a0read with sections\u00a0144\u00a0and\u00a0144B\u00a0accepting the income declared by the assessee in the return of income, that credit was given for prepaid taxes and that the demand notice and copy of order were being issued. Thereafter, pursuant to the amendment by the Finance Act, 2021 and the Supreme Court decision in\u00a0UOI\u00a0 v. Ashish Agarwal (2022) 444 ITR 1(SC) \u00a0the Assessing Officer, under the amended provisions, issued an initial notice dated June 2, 2022 under section\u00a0148A(b), passed an order dated July 29, 2022 under section\u00a0148A(d)\u00a0to issue the notice under section\u00a0148\u00a0which also referred to the earlier notice under the old provisions. On a writ\u00a0 allowing the petition, that the notice issued under section\u00a0148\u00a0to reopen the assessment under section\u00a0147\u00a0following the new procedure was on a change of opinion. The order under section\u00a0147\u00a0read with sections\u00a0144\u00a0and\u00a0144B\u00a0and the notice issued under section\u00a0142(1)\u00a0showed that the same set of allegations were made against the assessee, which were the subject matters of the assessment order dated March 31, 2022. The assessment proceedings already stood concluded on March 31, 2022, with regard to various aspects which emanated from the assessee\u2019s return, including the aspects which were the subject matter of the notice dated June 2, 2022, issued under section\u00a0148A(b)\u00a0and the order under section\u00a0148A(d). The Assessing Officer could not, under the new regime, reopen the assessment proceedings by traversing the same path and enquire into the same issues which were subject matter of the earlier assessment proceeding. Therefore, the notice, dated June 2, 2022 issued under section\u00a0148A(b), the order passed under section\u00a0148A(d)\u00a0and the consequent notice, dated July 29, 2022, issued under section\u00a0148\u00a0were set aside.(AY.2014-15)<\/p>\n","protected":false},"excerpt":{"rendered":"
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Change of opinion-New procedure does not depart from principle that reassessment not permissible on mere change of opinion-Notice and order disposing the objection is quashed. [S. 147, 148, 148A(b), 148A(d) Art. 226] <\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[21],"tags":[],"class_list":["post-47292","post","type-post","status-publish","format-standard","hentry","category-income-tax-act"],"acf":[],"jetpack_featured_media_url":"","jetpack_shortlink":"https:\/\/wp.me\/p9S2Rw-ciM","jetpack-related-posts":[],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/47292","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/comments?post=47292"}],"version-history":[{"count":1,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/47292\/revisions"}],"predecessor-version":[{"id":47293,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/47292\/revisions\/47293"}],"wp:attachment":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/media?parent=47292"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/categories?post=47292"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/tags?post=47292"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}