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2022 Supreme(Raj) 2536

SANDEEP MEHTA, FARJAND ALI
Amit Malkani – Appellant
Versus
Assistant Commissioner Of Income Tax, Central Circle-1 – Respondent


Advocates appeared:
Ashok Kumar Gupta, Advocate, for the Appellant
G.S. Chouhan, Associate to K.K. Bissa, Sr. Standing Counsel, for the Respondents

JUDGMENT

1. Issue notice to the respondent.

2. Shri G.S. Chouhan, Associate to Shri K.K. Bissa, Sr. Standing Counsel for the Income Tax Department, accepts notice on behalf of the respondent.

3. It is stated by learned counsel representing the parties that the controversy involved in these writ petitions is squarely covered by the ratio of judgment rendered by a Coordinate Division Bench of this Court in the case of Sudesh Taneja v. Income Tax Officer & Ors. (D.B. Civil Writ Petition No. 969/2022) decided on 27.01.2022, wherein while quashing the impugned notices of re-assessment, this Court observed as under:-

      "37. In this context we have perused the provisions of reassessment contained in the Finance Act, 2021. We have noticed earlier the major departure that the new scheme of reassessment has made under these provisions. The time limits for issuing notice for reassessment have been changed. The concept of income chargeable to tax escaping assessment on account of failure on the part of the assessee to disclose truly or fully all material facts is no longer relevant. Elaborate provisions are made under Section 148A of the Act enabling the Assessing Officer to make enquiry with respec

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