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Punjab & Haryana HC Strikes Down Section 147A, Invalidates JAO Notices

TaxGuru•
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Summary

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  • The Punjab & Haryana High Court has struck down Section 147A of the Income-tax Act, 1961 as unconstitutional, declaring reassessment notices issued by Jurisdictional Assessing Officers invalid.
  • The Court ruled that Parliament cannot retrospectively validate notices without addressing the underlying statutory defects identified in previous judgments.
  • This landmark decision raises significant constitutional questions about the limits of legislative power and validating legislation.
  • The case is poised for Supreme Court review, potentially reshaping the legal landscape surrounding reassessment procedures in India.

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