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Case Law Details

Case Name : Ramesh Arora (Earlier Known As Ramesh Kumar) Vs ITO (Delhi High Court)
Appeal Number : W.P.(C) 6402/2022 & 19384/2022, CM APPL.19385/2022
Date of Judgement/Order : 22/04/2022
Related Assessment Year :
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Ramesh Arora (Earlier Known As Ramesh Kumar) Vs ITO (Delhi High Court)

Learned counsel for the parties admit that as the impugned notices in the present matters have been issued post 31st March, 2021 without following the procedure prescribed in the substituted Sections 147 to 151 w.e.f. 01st April, 2021, the present matters are covered by the judgment dated 15th December, 2021 passed by this Court in the case of Mon Mohan Kohli vs. Assistant Commissioner of Income Tax & Anr., W.P.(C) No.6176/2021.

Keeping in view the aforesaid, Explanations A(a)(ii)/A(b) to the Notifications dated 31st March, 2021 and 27th April, 2021 are declared to be ultra vires the Relaxation Act, 2020 and are therefore bad in law and null and void.

Consequently, the impugned reassessment notices issued under Section 148 of the Income Tax Act, 1961 are quashed and the present writ petitions are allowed.

FULL TEXT OF THE JUDGMENT/ORDER OF DELHI HIGH COURT

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