The Madhya Pradesh High Court grants interim protection against the notice of reassessment under section 148 of the Income Tax Act.
Milind Sharma, counsel for the petitioner, Jagdish Kumar Basantani submitted that the petitioner has challenged the Constitutionality of certain provisions of CBDT Notification No.20/2021 dated March 31, 2021, and Notification No.38/2021 dated April 27, 2021.
A similar challenge to the Constitutionality of these provisions is made before the various High Courts. The High Court of Delhi in Mudra Finance Limited vs. Income Tax Officer Ward 17(1), Delhi; in Mon Mohan Kholi vs. Assistant Commissioner of Income Tax & Anr.; High Court of Bombay in Tata Communications Transformation Services Limited vs. Assistant Commissioner of Income Tax 14(1)(2), Mumbai & Others; and High Court of Calcutta inWPO No.244/2021 (Babaria Properties and Investments Private Limited & Anr. vs. Union of India and others) have entertained the similar petitions and granted interim protection to the petitioners therein.
The respondents prayed for time to file a reply but did not dispute the aforesaid contentions of learned counsel for the petitioner that similar petitions have been entertained by other High Courts and interim protection has been granted.
The division bench of Chief Justice Mohammed Rafiq and Justice Vijay Kumar Shukla said that Till the next date of hearing, no coercive action be taken against the petitioner pursuant to the impugned notifications.
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