Supreme Court invoked its power under Article 142 of Constitution to validate notices issued under section 148 as notices issued under section 148A. However the same shall be subject to amended provisions of section 149.
May, 04th 2022
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(s). ____________OF 2022
(ARISING OUT OF SPECIAL LEAVE TO APPEAL (C) NO. 22921/2019)
DEPUTY COMMISSIONER OF INCOME TAX
(CENTRAL) CIRCLE 1(2) ...APPELLANT (S
M/S. M. R. SHAH LOGISTICS PVT. LTD. ...RESPONDENT(S)
S. RAVINDRA BHAT, J.
1. Special leave granted. With consent of counsel for parties, the appeal was heard finally. The Commissioner of Income tax (hereafter “the revenue”) appeals against a judgment of the Gujarat High Court1 , which quashed a notice issued under Section 147/148, Income Tax Act (hereafter “the Act”) seeking to re-open the respondent’s assessment, for the assessment year (AO) 2010-11. The respondent is hereafter, referred to as “the assessee”.
2. The facts are that search proceedings were conducted- by the revenue, under the Act, at the office premises of one Shirish Chandrakant Shah on 09.04.2013 at Mumbai; during the course of the search, several materials- and documents, were seized. On analysis of such documents, the revenue was of