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down by courts while dealing with the erst while or treated to be show- cause notices in terms
provisions (GKN Driveshafts (India) Ltd. v/s D.C.I.T. of section 148A(b) and dispenses with enquiry by
(2003) 259 ITR 19 (SC) ; Asian Paint Ltd. vs. Dy. CIT AO under clause (a) of section 148A. It further
[2009] 296 ITR 90 (Bom)(HC) Tata Capital Financial directed the AOs to furnish to assessees all material
Services Limited v. ACIT (Bombay High Court)(WP relied upon by them within 30 days and assessees
NO. 546 OF 2022 dated February 15, 2022 ) ; dept. free to raise all defences before AO including issues
constantly preferred to disobey the same leading to u/s. 149 of the Act within two weeks thereafter.
quashing of the notice by Courts and Tribunal . To The assessing officers shall thereafter pass orders in
overcome the same and streamline the procedure terms of section 148A(d) in respect of each of the
for reopening assessment the earlier provisions concerned assesses.
were amended by Finance Act 2021 and further The aforesaid order was passed in exercise of
amendment by Finance Act 2022 and 2023. powers under Article 142 of the Constitution of
India by the Hon Supreme Court.
LIMITATION ISSUE:
12. The decision of Supreme Court in case of Union 13. The Dept issued Instruction no: 01 of 2022
of India v. Ashish Agarwal [2022] 444 ITR 1 (SC) [04- dated May 11, 2022 which states, inter alia, that AY
05-2022] on the validity of notices issued post 2013-14 can be reopened. This instruction is
01/04/2021 u/s. 148 of the Act has been decided by challenged before various High Courts to be ultra
treating the reassessment notices issued under old vires the Income-tax Act, 1961 as well as contrary to
provisions as deemed to have been issued under the Supreme Court decision in UOI v/s. Ashish
section 148A of the Income Tax Act as Agarwal [2022] 444 ITR 1 (SC). It is a well settled
substituted by the Finance Act, 2021 and construed position in law that delegated legislation should

Life is a flower of which love is the honey. 32