Section 148 Notice Invalid as Issued Without Section 148A Procedure: Gujarat HC

Vishwa Realty Ltd. Vs Assessment Unit (Gujarat High Court) Vishwa Realty Ltd. challenged the validity of notices issued under Section 148 of the Income Tax Act, 1961, for Assessment Year (AY) 2015-2016. The notices were issued in June 2021 under the provisions of the Taxation and Other Laws (Relaxation of Certain Provisions) Ordinance, 2020 (“TOLA”), without following the procedure mandated under Section 148A(b) of the Act, which came into effect on 1 April 2021. A subsequent notice under Section 148A(b) was issued in May 2022 following the Supreme Court’s decision in Union of India v. A...