Aseem Sehgal Vs ITO (ITAT Delhi)
The appeals concern assessment years 2015–16 to 2017–18 and arise from reassessment orders issued under Sections 147 and 144B of the Income-tax Act. The sole issue examined by the Tribunal is whether the Assessing Officer was justified in framing reassessment under the pre-April 2021 provisions despite issuing the notice under Section 148 to the assessee on 1 April 2021. The assessee, a salaried individual who regularly filed returns, was issued a notice dated 31 March 2021 but dispatched by email only on 1 April 2021 at 7:20 a.m. The reassessment was completed on 28 March 2022 using the old provisions of Sections 147 and 148.
An additional ground challenging the validity of the reassessment was admitted because the facts necessary for its adjudication were already on record. The Tribunal noted that the Finance Act 2021 introduced substantial amendments to the reassessment framework, including new Section 148A, effective 1 April 2021. The Supreme Court in Union of India v. Ashish Agarwal held that any notice issued on or after 1 April 2021 under the old law is non-est, and such notices must be treated as show-cause notices under Section 148A(b), with the Assessing Officer required to follow the amended procedure.
