VidhiSangh

Supreme Court of India · 04/05/2022

UNION OF INDIA & ORS. versus ASHISH AGARWAL

[2022] 3 S.C.R. 638 · 2022 INSC 510

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Summary

High Courts had quashed reassessment notices issued after 1 April 2021 under the superseded income-tax provisions. The Court agreed that the new regime applied, but used Article 142 to treat the impugned notices as show-cause notices under section 148A(b). It prescribed disclosure and reply steps, granted a one-time dispensation of the preliminary inquiry requirement and preserved statutory defences, including limitation. The directions applied across India.

Issues

  1. Whether reassessment notices issued after 1 April 2021 were governed by the substituted provisions even for earlier assessment years.
  2. What transitional relief should address notices issued under the old provisions and corresponding High Court decisions.

Provisions considered

Held

Result

Appeals partly allowed without costs. The High Court orders modified only to the extent of the pan-India conversion and procedural directions. Limitation and all other available defences, rights and contentions of assessees and Revenue preserved.

Judgment PDF: Supreme Court of India, [2022] 3 S.C.R. 638.