Reassessment notice issued after 31st March, 2021, quashed by the Delhi HC and relevant explanations also held as ultra vires

Ruchesh Sinha, Anmol Batra & Pancham Sethi – [2021] 133 taxmann.com 176 (Article)

Various writ petitions were filed before the High Courts, based on the primary objections that with the implementation of the Finance Act, 2021, the old provisions of sections 147, 148, 149, and 151 stood substituted with effect from 1st April 2021 and replaced by the existing provisions of the said sections with effect from 1st April 2021, consequently, the old sections i.e. 147, 148, 149, and 151 of the Act as they stood on 31stMarch 2021 stand completely obliterated. Accordingly, any notice issued after 1st April 2021 under section 148 of the Act will have to comply with the requirement as per law that is in force on the date on which the notice was issued.
The Hon’ble Delhi High Court has disposed-off one thousand three hundred and forty six (1346) writ petitions, to be exact. The Hon’ble Delhi High Court has touched upon every sphere of the arguments put forward by the Revenue.

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