July 5, 2022

Indore (Madhya Pradesh)

In a call that has far-reaching implications, the Supreme Courtroom declared that notices served underneath Part 148 of the Revenue Tax Act, have to be deemed to have been issued underneath 148A. The choice of the apex courtroom has come as an ideal aid for the Union authorities which stood to lose crores of rupees in income had the judgement gone towards it.

Part 148 empowered a tax assessing officer to reopen instances of taxpayers, however this part was abolished by the Union authorities efficient from March 31, 2021, and rather than this a brand new part 148A was launched, efficient from April 1, 2021. Nonetheless, the division, attributable to oversight, had continued to subject notices underneath Part 148, as an alternative of Part 148 (A), until June 30, 2021, and had issued over 90,000 such notices throughout this era.
Those that had been served discover underneath Part 148 after March 31, 2021 challenged the division’s notices and over 9,000 petitions had been filed in varied Excessive Courts of the nation, demanding to quash the notices issued underneath Part 148. In Madhya Pradesh itself, over 1000 petitions had been filed, of which over 300 petitions had been within the Indore bench of the MP Excessive Courtroom.
Chartered accountant Pankaj Shah, former chairman of the CA Indore Department of the Institute

of Chartered Accountants of India (ICAI) stated the case was first heard in a number of Excessive Courts, and so they declared that the notices had been legitimate. The aggrieved events reached the apex courtroom towards the assorted HC verdicts.

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Shah stated SC gave this judgement by exercising its energy given underneath Article 142 of the Structure, which provides it the facility to make use of Article 142 to offer full justice in a case. Shah stated that SC in its judgement stated that since an enormous quantity of potential authorities income is concerned in these instances, the notices issued underneath Part 148 needs to be deemed to have been issued underneath Part 148A. The choice is prone to have an hostile impact on taxpayers who had been served discover underneath this part and had been hoping that it might be quashed.

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Revealed on: Friday, Could 06, 2022, 12:47 AM IST