Case Law Details
JSVM Plywood Industries Ltd Vs Union of India (Gauhati High Court)
Prima facie opinion of the Court, for the purpose of interim order, is that by virtue of notifications dated 27.02.2021 and 31.03.2021 issued by the Central Board of Direct Taxes, as referred herein before, though extends the period of limitation in respect of issuance of notice under section 148 of the Income Tax, Act, but the said notification is not found to empower the Central Board of Direct Taxes to put into oblivion the provision of section 148A of the Income Tax Act, which was inserted by virtue of the Finance Act, 2021 and was notified w.e.f. 01.04.2021, as if the said section 148A would not apply till limitation prescribed under section 148 does not lapse or expire.
The implementation of the effective date of section 148A which is notified to be 01.04.2021, was certainly not extended by virtue of notification dated 27.02.2021 and 31.03.2021 and therefore, the Court finds that the decision rendered by the Allahabad High Court as well as Rajasthan High Court to have more persuasive value in respect of the issue raised by the petitioner with all respect to the decision rendered by the Chhattisgarh High Court. The opinion expressed herein before is only for the purpose of granting interim relief to the petitioner and is not a conclusive opinion of the Court on the merit of the writ petition.
Accordingly, the Court is inclined to stay the operation of the impugned notice issued under section 148 of the Income Tax Act.
FULL TEXT OF THE JUDGMENT/ORDER OF GAUHATI HIGH COURT
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