High Court of Chhattisgarh · Judgments and reasoned final orders
Sharda Jain (Prop. Jai Bhawani Enterprises) v. Principal Commissioner of Income Tax-1, Raipur & Ors. (and 13 connected writ petitions)
WPT Nos. 57, 62, 72, 106, 110, 111, 117, 118, 121, 123, 147, 152 & 157 of 2023 and WPT No. 24 of 2024 ·
Batch of 14 writ petitions challenging section 148A(d) orders and section 148 notices for AY 2015-16 issued on or after 01.04.2021 allowed and notices quashed following Union of India v. Rajeev Bansal (para 19(f)) and Deepak Steel & Power Ltd. v. CBDT.
1. FACTS OF THE CASE
Fourteen taxpayers (led by Sharda Jain in WPT No. 57/2023, along with Satyanarayan Nathulal, Riddhi Agro Industries, Vinod Kumar Agrawal, M/s Balajee Structural (India) Pvt. Ltd., M/s Suraj Pulses, Arvind Surana, M/s Rajiv Kumar and Brothers, MM Wonder Park Pvt. Ltd., Anil Kumar Agrawal, Shree Shivam Attires Pvt. Ltd., M/s Harshaa Rice Mills Pvt. Ltd., Orissa Bengal Carrier Ltd., and M/s Balajee Loha Pvt. Ltd.) challenged orders passed under section 148A(d) and reassessment notices issued under section 148 on or after 01.04.2021 for AY 2015-16.
2. DISCUSSION BY THE COURT
Justice Rakesh Mohan Pandey noted that in Union of India v. Rajeev Bansal, (2024) 167 taxmann.com 70 (SC) at paragraph 19(f), the Revenue expressly conceded before the Supreme Court that for Assessment Year 2015-16, all notices issued on or after 01.04.2021 must be dropped as they do not fall for completion within the period prescribed under TOLA. Furthermore, in Deepak Steel and Power Limited v. Central Board of Direct Taxes & Ors., 305 Taxman 169 (SC), the Supreme Court gave effect to that concession and quashed the section 148A(d) orders and section 148 notices for AY 2015-16.
3. JUDICIAL DECISION
Following Rajeev Bansal ((2024) 167 taxmann.com 70 (SC)) and Deepak Steel and Power Ltd. (305 Taxman 169 (SC)), the Chhattisgarh High Court quashed the impugned orders under section 148A(d) and notices under section 148 for AY 2015-16 in all 14 writ petitions.
4. OUTCOME
In favour of the assessees across all 14 writ petitions; section 148A(d) orders and section 148 notices for AY 2015-16 quashed.
5. AKHB REVIEW POINT
AKHB analysis: For AY 2015-16, any reassessment notice issued on or after 01.04.2021 relying on TOLA extensions is Per Se unsustainable in view of the Revenue's concession recorded in paragraph 19(f) of Union of India v. Rajeev Bansal and enforced in Deepak Steel & Power Ltd. (305 Taxman 169 (SC)).
Source and verification
Reviewed from the complete 8-page official High Court judgment PDF (20260211_CGHC010068182023.pdf, SHA-256: e0e17294c4cdaf37c8730138710419d87681f6eb36d08264bdaa47cbf7e18ca4).
Original PDF: 8 pages · SHA-256: e0e17294c4cdaf37c8730138710419d87681f6eb36d08264bdaa47cbf7e18ca4
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Refers to the Income-tax Act, 1961 and allied statutory rules/circulars as applicable to the relevant assessment years.
No subsequent Supreme Court reversal or stay is recorded in the source judgment text.
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