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Taxbuzz – Section 148 Directions in Ashish Agarwal not universally applicable May 24, 2024
Published in: TaxBuzz
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We are pleased to share with you a copy of our in-house publication – “TaxBuzz”, wherein we have analysed the recent ruling of the Delhi High Court in Anindita Sengupta. The High Court in the said ruling, has delved into aspects relating to applicability of directions issued by Hon’ble Supreme Court in Ashish Agarwal under Article 142 of the Indian Constitution for initiating re-assessment proceedings in case of concluded cases. In their ultimate analysis and resulting conclusion, the Court has quashed the notice issued under section 148 of the Act issued pursuant to the judgment of Ashish Agarwal where the re-assessment proceedings stood concluded prior to issuance of the 148 notice.
The said ruling is likely to impact the reassessment proceedings initiated under section 148 pursuant to the decision of Ashish Agarwal, and thus, requires attention of such assessees.
We trust that you will find the same useful.
Looking forward to receiving your valuable feedback.
For any clarification, please write to:
Mr. Rohit Jain
Senior Partner
[email protected]
Mr. Saksham Singhal
Principal Associate
[email protected]
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