[Income Tax] Allahabad HC To Examine Whether Proceedings U/S 148A(b) Initiated Prior To 01.09.2024 Would Be Saved After Enforcement Of The Finance (No.2) Act, 2024

Section 148A has been amended by the Act of 2024. Section 152 has been amended to add 2 new sub-sections. Newly inserted Sub-section (4) of Section 152 provides that where notice under Section 148 (other than Section 148(3)) and order under Section 148A(d) has been issued prior to 01.09.2024, the same shall be governed as per the provisions of sections 147 to 151, as they stood immediately before the commencement of the Finance (No. 2) Act, 2024.

Petitioner received a notice dated 27.03.2024 under Section 148A(b) of the Income Tax Act. Subsequently, an order under Section 148A(d) was passed on 20.04.2024 rejecting the objections of the petitioner and the notice under Section 148 dated 20.04.2024 was issued. Thereafter, in May, 2024 petitioner sought further documents and information. However, no response was received by him.

Subsequently, petitioner approached the High Court and pursuant to the order of the writ court, documents were provided to the petitioner on 05.08.2024. On 09.08.2024, an identical show cause notice under Section 148A(b) was against issued to the petitioner and on 02.09.2024 orders were passed.

The bench of Justice Rajan Roy and Justice Brij Raj Singh had stayed the impugned proceedings granting time to the counsel for Revenue to seek instructions. The case was listed on 03.01.2025, however, has now been listed on 16.01.2025.

Case Title: Ravish Rastogi v. Union Of India Thru. Secy. Ministry Of Finance New Delhi And 3 Others [WRIT TAX No. - 359 of 2024]

Counsel for Petitioner: Aakash Prasad, Himanshu Singh

Counsel for Respondent :- A.S.G.I.,Kushagra Dikshit