As To The Challenge Procedure Available To That Assessee, The Supremecourt, In The Case Of Gkn Driveshafts (India) Ltd v. Income-Taxofficer, (2003) 259 Itr 19 (Sc), Had Observed As Below

Court No. - 3 AFR Case :- WRIT TAX No. - 524 of 2021 Petitioner:- Ashok Kumar Agarwal Respondents:- Union of India through its Revenue Secretary North Block and 2 Others Counsel for Petitioner:- Suyash Agarwal Counsel for Respondents:- Gaurav Mahajan, Ashish Agrawal, Gopal Verma Hon'ble Naheed Ara Moonis, J.Hon'ble Saumitra Dayal Singh, J. Heard Sri Rakesh Ranjan Agarwal, learned Senior Advocate, assistedby Sri Suyash Agarwal, Sri Shambhu Chopra, learned Senior Advocate,assisted by Ms. Mahima Jaiswal, Sri Abhinav Mehrotra, Sri Akhilesh Kumaralong with Sri Ashish Bansal, Sri Divyanshu Agarwal along with Sri AnkitSaran, Sri Deepak Kapoor along with Sri Shubham Agarwal, Sri V.K.Sabarwal and Shri R.B. Gupta along with Sri Rishi Raj Kapoor, Sri ShakeelAhmad, Sri Parv Agarwal, Sri Salil Kapoor along with Sri Anuj Srivastava& Ms Soumya Singh alongwith Sri Satya Vrat Mehrotra, Sri Ankur Agarwal,Sri Krishna Deo Vyas, Sri Ashok Shankar Bhatnagar & Sri HarshulBhatnagar, Sri Pranchal Agarwal, Sri V.K. Sabharwal, Sri R.B. Gupta, Ms.Shalini Goel and Ms. Rupal Agarwal, learned counsel for the petitioners; SriShashi Prakash Singh, learned Additional Solicitor General of India assistedby Sri Gopal Verma, Sri Dinesh Kumar Mishra, Sri Gaya Prasad Singh, SriSudarshan Singh, Sri Santosh Kumar Singh Paliwal, Sri Ajai Singh, SriGaurav Kumar Chand and Sri Krishna Agarwal, learned counsel appearingfor the Union of India; Sri Gaurav Mahajan, Sri Praveen Kumar, Sri KrishnaAgarwal, Sri Ashish Agarwal and Sri Manu Ghildyal, learned StandingCounsel for the revenue authorities. 2. This writ petition along with the other petitions mentioned inparagraph 4 below, have been filed by individual petitioners, to challengeinitiation of re-assessment proceedings under Section 148 of the Income Tax Act, 1961 for different assessment years. All reassessment proceedings havebeen initiated upon notices issued after the date 01.04.2021. 3.These petitions had been entertained and interim protection granted.Pursuant to earlier orders passed in the leading petitions - Writ Tax Nos. 524of 2021 and 521 of 2021 and other matters, the revenue and the Union ofIndia were required to file counter affidavits in those cases. Copies of suchcounter affidavits were, under a direction of this Court, served on all learnedcounsel for the petitioners. Replies by way of rejoinder affidavits have alsobeen received in some of the cases. Those affidavits thus filed, have beenread in all the writ petitions. 4.Since, the dispute arising in the present writ petitions is purely legal,with respect to the validity of the re-assessment proceedings initiated againstthe individual petitioners, after 01.04.2021, having resort to the provisionsof the Income Tax Act, 1961 (hereinafter referred to as the 'Act') as theyexisted, read with the provisions of Act No. 38 of 2020 and the notificationsissued thereunder, the peculiar fact pleadings of each case are not material tothe adjudication of the legal issues involved here. However, for the purposesof convenience, the basic relevant facts, obtaining in each individual caseare recorded in the below given chart: 3 4 5 5.As to the exact challenge raised, it may be noted, the petitioners havechallenged the validity of the re-assessment notices issued to them, underSection 148 of the Act. Another challenge has been raised to the validity ofthe Explanation appended to clause (A)(a) of CBDT Notification No. 20 of2021, dated 31.03.2021 and Explanation to clause (A)(b) of CBDTNotification No. 38 of 2021, dated 27.04.2021. Those notifications havebeen issued under the powers vested under Section 3(1) of the Act 38 of2020 namely, the Taxation and Other Laws (Relaxation of CertainProvisions) Act, 2020 (hereinafter referred to as the 'Enabling Act'). 3 4 5 5.As to the exact challenge raised, it may be noted, the petitioners havechallenged the validity of the re-assessment notices issued to them, underSection 148 of the Act. Another challenge has been raised to the validity ofthe Explanation appended to clause (A)(a) of CBDT Notification No. 20 of2021, dated 31.03.2021 and Explanation to clause (A)(b) of CBDTNotification No. 38 of 2021, dated 27.04.2021. Those notifications havebeen issued under the powers vested under Section 3(1) of the Act 38 of2020 namely, the Taxation and Other Laws (Relaxation of CertainProvisions) Act, 2020 (hereinafter referred to as the 'Enabling Act'). 6.Before recording the individual submissions advanced by learnedcounsel for the parties, we may take note of the legislative provisions givingrise to the issues before us. Prior to enforcement of the Finance Act, 2021,the law for making re-assessment under the Act was governed by theprovisions of Sections 147, 148, 149 read with Sections 150, 151, 152 and153 of the Act. Under that law, the jurisdiction to reassess an assessee couldarise upon necessary 'reason to believe' being recorded by the jurisdictionalAssessing Officer, of that assessee - as to escapement of any income from assessment. Subject to the rule of limitation and prior sanction (whereapplicable), the Assessing Officer would then assume jurisdiction to reassesssuch an assessee, by issuing a notice under Section 148 of the Act. 7.As to the challenge procedure available to that assessee, the SupremeCourt, in the case of GKN Driveshafts (India) Ltd. Vs. Income-taxOfficer, (2003) 259 ITR 19 (SC), had observed as below: “We see no justifiable reason to interfere with the order under challenge.However, we clarify that when a notice under section 148 of the Income TaxAct is issued, the proper course of action for the noticee is to file return and ifhe so desires, to seek reasons for issuing notices. The Assessing Officer isbound to furnish reasons within a reasonable time. On receipt of reasons, thenoticee is entitled to file objections to issuance of notice and the AssessingOfficer is bound to dispose of the same by passing a speaking order. In theinstant case, as the reasons have been disclosed in these proceedings, theAssessing Officer has to dispose of the objections, if filed, by passing aspeaking order, before proceeding with the assessment in respect of theabovesaid five assessment years.” 8.Around March, 2020, the pandemic COVID-19 reached our shoresand spread all over country. It led to enforcement of a lockdown. Eventhereafter, life is yet to normalise. The pandemic severely impacted thenormal functioning of the Government as also all other institutions and itobstructed the normal life of the citizens as well. In such facts, judicialintervention had been made by the Supreme Court as also by this Court, torelax the rules of limitation - to institute various proceedings. The CentralGovernment also recognized that difficulty and promulgated the OrdinanceNo. 2 of 2020 dated 31.03.2020 titled Taxation and Other Laws (Relaxationof Certain Provisions) Ordinance, 2020 (hereinafter referred to as the'Ordinance'). Relevant to our discussion, the introductory text of the saidOrdinance together with provisions of Sections 1, 2 and 3 of the Ordinanceare quoted below: “TAXATION AND OTHER LAWS (RELAXATION OF CERTAINPROVISIONS) ORDINANCE, 2020 NO.2 OF 2020, DATED 31-3-2020 Promulgated by the President in the Seventy-first Year of the Republic ofIndia. An Ordinance to provide relaxation in the provisions of certain Acts and formatters connected therewith or incidental thereto. WHEREAS, in view of the spread of pandemic COVID-19 across many countries of the world including India, causing immense loss to the lives ofpeople, it has become imperative to relax certain provisions, includingextension of time limit, in the taxation and other laws; “TAXATION AND OTHER LAWS (RELAXATION OF CERTAINPROVISIONS) ORDINANCE, 2020 NO.2 OF 2020, DATED 31-3-2020 Promulgated by the President in the Seventy-first Year of the Republic ofIndia. An Ordinance to provide relaxation in the provisions of certain Acts and formatters connected therewith or incidental thereto. WHEREAS, in view of the spread of pandemic COVID-19 across many countries of the world including India, causing immense loss to the lives ofpeople, it has become imperative to relax certain provisions, includingextension of time limit, in the taxation and other laws; AND WHEREAS, Parliament is not in session and the President is satisfiedthat circumstances exist which render it necessary for him to take immediateaction; NOW, THEREFORE, in exercise of the powers conferred by clause (1) ofarticle 123 of the Constitution, the President is pleased to promulgate thefollowing Ordinance. CHAPTER I PRELIMINARY Short title and commencement 1.(1) This Ordinance may be called the Taxation and Other Laws(Relaxation of Certain Provisions) Ordinance, 2020. (2) Save as otherwise provided, it shall come into force at once. Definitions 2. (1) In this Ordinance, unless the context otherwise requires,— (a) "specified Act" means — (i) the Wealth-tax Act, 1957 (27 of 1957); (ii) the Income-tax Act, 1961 (43 of 1961); (iii) the Prohibition of Benami Property Transactions Act, 1988 (45 of 1988); (iv) Chapter VII of the Finance (No. 2) Act, 2004 (22 of 2004); (v) Chapter VII of the Finance Act, 2013 (17 of 2013); (vi) the Black Money (Undisclosed Foreign Income and Assets)and Imposition of Tax Act, 2015 (22 of 2015); (vii) Chapter VIII of the Finance Act, 2016 (28 of 2016); or (viii) the Direct Tax Vivad se Vishwas Act, 2020 (3 of 2020). b) “notification” means the notification published in the OfficialGazette. (2) The words and expressions used herein and not defined, but definedin the specified Act, the Central Excise Act, 1944 (1 of 1944), theCustoms Act, 1962 (52 of 1962), the Customs Tariff Act, 1975 (51 of1975) or the Finance Act, 1994 (32 of 1994), as the case may be, shallhave the meaning respectively assigned to them in that Act. CHAPTER II RELAXATION OF CERTAIN PROVISIONS OF SPECIFIED ACT Relaxation of certain provision of specified Act. 3.(1) Where, 'any time-limit' has been specified in, or prescribed or notifiedunder, the specified Act which falls during the period from the 20th day ofMarch, 2020 to the 29th day of June, 2020, or such other date after the 29thday of June, 2020, as the Central Government may, by notification, specify inthis behalf, for the completion or compliance of such action as— (a) completion of any proceeding or passing of any order or 'issuance ofany notice', intimation, notification, sanction or approval or such otheraction, by whatever name called, by any authority, commission ortribunal, by whatever name called, under the provisions of the specifiedAct; or b) filing of any appeal, reply or application or furnishing of any report,document, return statement or such other record, by whatever namecalled, under the provisions of the specified Act; or (c) in case where the specified Act is the Income-tax Act, 1961 (43 of1961), — (i) making of investment, deposit, payment, acquisition, purchase,construction or such other action, by whatever name called, for thepurposes of claiming any deduction, exemption or allowanceunder the provisions contained in — (I) sections 54 to 54GB or under any provisions of ChapterVI-A under the heading "B.—Deductions in respect ofcertain payments" thereof; or (II) such other provisions of that Act, subject to fulfillment ofsuch conditions, as the Central Government may, bynotification, specify; or b) filing of any appeal, reply or application or furnishing of any report,document, return statement or such other record, by whatever namecalled, under the provisions of the specified Act; or (c) in case where the specified Act is the Income-tax Act, 1961 (43 of1961), — (i) making of investment, deposit, payment, acquisition, purchase,construction or such other action, by whatever name called, for thepurposes of claiming any deduction, exemption or allowanceunder the provisions contained in — (I) sections 54 to 54GB or under any provisions of ChapterVI-A under the heading "B.—Deductions in respect ofcertain payments" thereof; or (II) such other provisions of that Act, subject to fulfillment ofsuch conditions, as the Central Government may, bynotification, specify; or (ii) beginning of manufacture or production of articles or things orproviding any services referred to in section 10AA of that Act, in acase where the letter of approval, required to be issued inaccordance with the provisions of the Special Economic ZonesAct, 2005 (28 of 2005), has been issued on or before the 31st dayof March, 2020 (28 of 2005), and where completion or compliance of such action has not been made withinsuch time, then, the time limit for completion or compliance of such actionshall, notwithstanding anything contained in the specified Act, stand extendedto the 30[th] day of June, 2020, or such other date after the 30[th] day of June,2020, as the Central Government may, by notification, specify in this behalf: Provided that the Central Government may specify different dates forcompletion or compliance of different actions. Provided further that such action shall not include payment of any amount as isreferred to in sub-section (2). (2) Where any due date has been specified in, or prescribed or notified under,the specified Act for payment of any amount towards tax or levy, by whatevername called, which falls during the period from the 20th day of March, 2020 tothe 29th day of June, 2020 or such other date after the 29th day of June, 2020as the Central Government may, by notification, specify in this behalf, and suchamount has not been paid within such date, but has been paid on or before the30th day of June, 2020, or such other date after the 30th day of June, 2020, asthe Central Government may, by notification, specify in this behalf, then,notwithstanding anything contained in the specified Act, — (a) the rate of interest payable, if any, in respect of such amount for theperiod of delay shall not exceed three-fourth per cent for every monthor part thereof; (b) no penalty shall be levied and no prosecution shall be sanctioned inrespect of such amount for the period of delay. Explanation.— For the purposes of this sub-section, "the period of delay"means the period between the due date and the date on which the amount hasbeen paid.” Further, in view of the submissions as have been received, it would befruitful to also quote the provisions of Chapter III of the Ordinance -containing the amendments made to the Act. It reads: “CHAPTER III AMENDMENT TO THE INCOME-TAX ACT, 1961 Amendment of sections 10 and 80G of Act 43 of 1961 4. In the Income-tax Act, 1961, with effect from the 1st day of April, 2020 (43of 1961), – (i) in section 10, in clause (23C), in sub-clause (i), after the word“Fund”, the words and brackets “or the Prime Minister's CitizenAssistance and Relief in Emergency Situations Fund (PM CARESFUND)” shall be inserted; (ii) in section 80G, in sub-section (2), in clause (a), in sub-clause (iiia),after the word “fund”, the words and brackets “or the Prime Minister'sCitizen Assistance and Relief in Emergency Situations Fund (PMCARES FUND)” shall be inserted.” “CHAPTER III AMENDMENT TO THE INCOME-TAX ACT, 1961 Amendment of sections 10 and 80G of Act 43 of 1961 4. In the Income-tax Act, 1961, with effect from the 1st day of April, 2020 (43of 1961), – (i) in section 10, in clause (23C), in sub-clause (i), after the word“Fund”, the words and brackets “or the Prime Minister's CitizenAssistance and Relief in Emergency Situations Fund (PM CARESFUND)” shall be inserted; (ii) in section 80G, in sub-section (2), in clause (a), in sub-clause (iiia),after the word “fund”, the words and brackets “or the Prime Minister'sCitizen Assistance and Relief in Emergency Situations Fund (PMCARES FUND)” shall be inserted.” 9.Acting in exercise of powers vested under the Ordinance, the CentralGovernment then issued Notification Nos. 35 of 2020, 39 of 2020 and 56 of2020, dated 24.06.2020, 29.06.2020 and 29.07.2020, respectively. Briefly,by those Notifications, general time extension was granted under the Act forcertain purposes. Since, the present dispute does not arise in the context ofthose Notifications, no useful purpose would be served in extracting theircontents. 10.The aforesaid Ordinance was succeeded by the Enabling Act. Itreceived the assent of the President on 29.09.2020 and was published in theOfficial Gazette, on that date itself. It was enforced retrospectively, witheffect from 31.03.2020. By the Enabling Act, further provisions were madein addition to the provisions of Section 3 of the Ordinance. We maytherefore take note of Sections 1, 2 and 3 of the Enabling Act. They read asbelow: “THE TAXATION AND OTHER LAWS (RELAXATION ANDAMENDMENT OF CERTAIN PROVISIONS) ACT, 2020 NO. 38 OF 2020 AN ACT to provide for relaxation and amendment of provisions of certainActs and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Seventy-first Year of the Republic of Indiaas follows:— CHAPTER I PRELIMINARY 1. (1) This Act may be called the Taxation and Other Laws (Relaxation andAmendment of Certain Provisions) Act, 2020. (2) Save as otherwise provided, it shall be deemed to have come into force onthe 31st day of March, 2020. 2. (1) In this Act, unless the context otherwise requires,— (a) "notification" means the notification published in the Official Gazette; (b) "specified Act" means— (i) the Wealth-tax Act, 1957; (ii) the Income-tax Act, 1961; (iii) the Prohibition of Benami Property Transactions Act, 1988; (iv) Chapter VII of the Finance (No. 2) Act, 2004; (v) Chapter VII of the Finance Act, 2013; (vi) the Black Money (Undisclosed Foreign Income and Assets)and Imposition of Tax Act, 2015;and Imposition of Tax Act, 2015; (vii) Chapter VIII of the Finance Act, 2016; or (viii) the Direct Tax Vivad se Vishwas Act, 2020. (2) The words and expressions used herein and not defined, but defined in thespecified Act, the Central Excise Act, 1944, the Customs Act, 1962, theCustoms Tariff Act, 1975 or the Finance Act, 1994, as the case may be, shallhave the same meaning respectively assigned to them in that Act. CHAPTER II RELAXATION OF CERTAIN PROVISIONS OF SPECIFIED ACT 3. (1) Where, any time-limit has been specified in, or prescribed or notifiedunder, the specified Act which falls during the period from the 20th day ofMarch, 2020 to the 31st day of December, 2020, or such other date after the 31stday of December, 2020, as the Central Government may, by notification, specifyin this behalf, for the completion or compliance of such action as— (a) completion of any proceeding or passing of any order or issuance ofany notice, intimation, notification, sanction or approval, or such otheraction, by whatever name called, by any authority, commission ortribunal, by whatever name called, under the provisions of the specifiedAct; or (b) filing of any appeal, reply or application or furnishing of any report,document, return or statement or such other record, by whatever namecalled, under the provisions of the specified Act; or (a) completion of any proceeding or passing of any order or issuance ofany notice, intimation, notification, sanction or approval, or such otheraction, by whatever name called, by any authority, commission ortribunal, by whatever name called, under the provisions of the specifiedAct; or (b) filing of any appeal, reply or application or furnishing of any report,document, return or statement or such other record, by whatever namecalled, under the provisions of the specified Act; or (c) in case where the specified Act is the Income-tax Act, 1961,— (i) making of investment, deposit, payment, acquisition, purchase,construction or such other action, by whatever name called, forthe purposes of claiming any deduction, exemption or allowanceunder the provisions contained in— (I) sections 54 to 54GB, or under any provisions of Chapter VI-Aunder the heading "B.—Deductions in respect of certainpayments" thereof; or (II) such other provisions of that Act, subject to fulfilment of suchconditions, as the Central Government may, by notification,specify; or (ii) beginning of manufacture or production of articles or things orproviding any services referred to in section 10AA of that Act, ina case where the letter of approval, required to be issued inaccordance with the provisions of the Special Economic ZonesAct, 2005, has been issued on or before the 31st day of March,2020, and where completion or compliance of such action has not been madewithin such time, then, the time-limit for completion or compliance ofsuch action shall, notwithstanding anything contained in the specifiedAct, stand extended to the 31st day of March, 2021, or such other dateafter the 31st day of March, 2021, as the Central Government may, bynotification, specify in this behalf: Provided that the Central Government may specify different dates forcompletion or compliance of different actions: Provided further that such action shall not include payment of anyamount as is referred to in sub-section (2): Provided also that where the specified Act is the Income-tax Act, 1961and the compliance relates to— (i) furnishing of return under section 139 thereof, for theassessment year commencing on the— (a) 1st day of April, 2019, the provision of this sub-section shallhave the effect as if for the figures, letters and words "31st dayof March, 2021", the figures, letters and words "30th day ofSeptember, 2020" had been substituted; (b) 1st day of April, 2020, the provision of this sub-section shallhave the effect as if for the figures, letters and words "31st dayof March, 2021", the figures, letters and words "30th day ofNovember, 2020" had been substituted; (ii) delivering of statement of deduction of tax at source under sub-section (2A) of section 200 of that Act or statement of collection oftax at source under sub-section (3A) of section 206C thereof for themonth of February or March, 2020, or for the quarter ending on the31st day of March, 2020, as the case may be, the provision of thissub-section shall have the effect as if for the figures, letters andwords "31st day of March, 2021", the figures, letters and words"15th day of July, 2020" had been substituted; (iii) delivering of statement of deduction of tax at source under sub-section (3) of section 200 of that Act or statement of collection oftax at source under proviso to sub-section (3) of section 206Cthereof for the month of February or March, 2020, or for the quarterending on the 31st day of March, 2020, as the case may be, theprovision of this sub-section shall have the effect as if for thefigures, letters and words "31st day of March, 2021", the figures,letters and words "31st day of July, 2020" had been substituted; (iii) delivering of statement of deduction of tax at source under sub-section (3) of section 200 of that Act or statement of collection oftax at source under proviso to sub-section (3) of section 206Cthereof for the month of February or March, 2020, or for the quarterending on the 31st day of March, 2020, as the case may be, theprovision of this sub-section shall have the effect as if for thefigures, letters and words "31st day of March, 2021", the figures,letters and words "31st day of July, 2020" had been substituted; (iv) furnishing of certificate under section 203 of that Act in respectof deduction or payment of tax under section 192 thereof for thefinancial year commencing on the 1st day of April, 2019, theprovision of this sub-section shall have the effect as if for thefigures, letters and words "31st day of March, 2021", the figures,letters and words "15th day of August, 2020" had been substituted; (v) sections 54 to 54GB of that Act, referred to in item (I) of sub-clause (i) of clause (c), or sub-clause (ii) of the said clause, theprovision of this sub-section shall have the effect as if – (a) for the figures, letters and words "31st day of December,2020", the figures, letters and words "29th day of September,2020" had been substituted for the time-limit for thecompletion or compliance; and (b) for the figures, letters and words "31st day of March,2021", the figures, letters and words "30th day of September,2020" had been substituted for making such completion orcompliance; (vi) any provisions of Chapter VI-A under the heading "B.—Deductions in respect of certain payments" of that Act, referredto in item (I) of sub-clause (i) of clause (c), the provision of thissub-section shall have the effect as if— (a) for the figures, letters and words "31st day of December,2020", the figures, letters and words "30th day of July, 2020"had been substituted for the time-limit for the completion orcompliance; and (b) for the figures, letters and words "31st day of March,2021", the figures, letters and words "31st day of July, 2020"had been substituted for making such completion orcompliance; (vii) furnishing of report of audit under any provision thereof forthe assessment year commencing on the 1st day of April, 2020,the provision of this sub-section shall have the effect as if for thefigures, letters and words "31st day of March, 2021", the figures,letters and words "31st day of October, 2020" had beensubstituted: Provided also that the extension of the date as referred to in sub-clause(b) of clause (i) of the third proviso shall not apply to Explanation 1 tosection 234A of the Income-tax Act, 1961 in cases where the amountof tax on the total income as reduced by the amount as specified inclauses (i) to (vi) of sub-section (1) of the said section exceeds onelakh rupees: Provided also that for the purposes of the fourth proviso, in case of anindividual resident in India referred to in sub-section (2) of section207 of the Income-tax Act, 1961, the tax paid by him under section140A of that Act within the due date (before extension) provided inthat Act, shall be deemed to be the advance tax: Provided also that where the specified Act is the Direct Tax Vivad SeVishwas Act, 2020, the provision of this sub-section shall have theeffect as if— (a) for the figures, letters and words "31st day of December, 2020", the figures, letters and words "30th day of December,2020" had been substituted for the time limit for the completionor compliance of the action; and (b) for the figures, letters and words "31st day of March, 2021",the figures, letters and words "31st day of December, 2020" hadbeen substituted for making such completion or compliance. Provided also that where the specified Act is the Direct Tax Vivad SeVishwas Act, 2020, the provision of this sub-section shall have theeffect as if— (a) for the figures, letters and words "31st day of December, 2020", the figures, letters and words "30th day of December,2020" had been substituted for the time limit for the completionor compliance of the action; and (b) for the figures, letters and words "31st day of March, 2021",the figures, letters and words "31st day of December, 2020" hadbeen substituted for making such completion or compliance. (2) Where any due date has been specified in, or prescribed or notified underthe specified Act for payment of any amount towards tax or levy, by whatevername called, which falls during the period from the 20th day of March, 2020 tothe 29th day of June, 2020 or such other date after the 29th day of June, 2020 asthe Central Government may, by notification, specify in this behalf, and if suchamount has not been paid within such date, but has been paid on or before the30th day of June, 2020, or such other date after the 30th day of June, 2020, asthe Central Government may, by notification, specify in this behalf, then,notwithstanding anything contained in the specified Act,— (a) the rate of interest payable, if any, in respect of such amount for theperiod of delay shall not exceed three-fourth per cent. for every monthor part thereof; (b) no penalty shall be levied and no prosecution shall be sanctioned inrespect of such amount for the period of delay. Explanation.—For the purposes of this sub-section, "the period of delay" meansthe period between the due date and the date on which the amount has beenpaid.” 11.Reference has also been made to provisions of Chapter III to theEnabling Act. Numerous amendments were made to the Act as were notcontemplated by the Ordinance. While no useful purpose would be served inextracting the entire contents of Section 4 of the Enabling Act, it would beuseful to reproduce, and indicate some of the provisions amended, togetherwith reference to the date from which such amendments were madeeffective. 12.On 29.10.2020, Notification No. 88 of 2020 was issued by the CentralGovernment for the purposes of extension of time limits stipulated underSection 139 of the Act. For ready reference, the said provision reads asbelow: “MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF DIRECT TAXES) NOTIFICATION New Delhi, the 29th October, 2020 TAXATION AND OTHER LAWS S.O. 3906(E).-In exercise of the powers conferred by sub-section (1) ofsection 3 of the Taxation and Other Laws (Relaxation and Amendment ofCertain Provisions) Act, 2020 (38 of 2020) (hereinafter referred to as theAct), the Central Government hereby specifies, for the purpose of the saidsub-section (1), that, in a case where the specified Act is the Income-tax Act,1961 and the compliance for the assessment year commencing on the 1st dayof April, 2020, relates to - (i) furnishing of return under section 139 thereof, the time-limitfor furnishing of such return, shall–for furnishing of such return, shall– (a) in respect of the assessees referred to in clauses (a) and(aa) of Explanation 2 to sub-section (1) of the said section139, stand extended to the 31[st] day of January, 2021; and(aa) of Explanation 2 to sub-section (1) of the said section139, stand extended to the 31[st] day of January, 2021; and (b) in respect of other assessees, stand extended to the 31[st]day of December, 2020: Provided that the provisions of the fourth proviso to sub-section (1) of the Act shall, mutatis mutandis apply to theseextensions of due date, as they apply to the date referred to insub-clause (b) of clause (i) of the third proviso thereof. (ii) furnishing of report of audit under any provision of that Act, thetime-limit for furnishing of such report of audit shall stand extendedto the 31" day of December, 2020. 2. This notification shall come into force from the date of its publication inthe Official Gazette.” (b) in respect of other assessees, stand extended to the 31[st]day of December, 2020: Provided that the provisions of the fourth proviso to sub-section (1) of the Act shall, mutatis mutandis apply to theseextensions of due date, as they apply to the date referred to insub-clause (b) of clause (i) of the third proviso thereof. (ii) furnishing of report of audit under any provision of that Act, thetime-limit for furnishing of such report of audit shall stand extendedto the 31" day of December, 2020. 2. This notification shall come into force from the date of its publication inthe Official Gazette.” 13.Then, on 31.12.2020, another Notification No. 4805 (E)was issued under Section 3(1) of the Enabling Act. Without making any specificreference to reassessment proceedings under the Act, time extensions were granted. For ready reference, that provision reads as below: “NOTIFICATION S.O. 4805 (E) [NO. 93/2020/F. No.370142/35/2020-TPL], DATED 31.12.2020 In exercise of the powers conferred by sub-section (1) of section 3 of theTaxation and Other Laws (Relaxation and Amendment of Certain Provisions)Act, 2020 (38 of 2020) (hereinafter referred to the Act) and in supersession of the notification of the Government of India in the Ministry of Finance,(Department of Revenue) No. 88/2020 dated the 29th October, 2020,published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii), vide number S.O. 3906(E), dated the 29th October, 2020, exceptas respects things done or omitted to be done before such supersession, theCentral Government hereby specifies, for the completion or compliance ofaction referred to in- (A) clause (a) of sub-section (1) of section 3 of the Act, - (i) the 30th day of March, 2021 shall be the end date of theperiod during which the time limit specified in, or prescribed ornotified under, the specified Act falls for the completion orcompliance of such action as specified under the said sub-section; and (ii) the 31st day of March, 2021 shall be the end date to whichthe time limit for completion or compliance of such action shallstand extended: Provided that where the specified Act is the Direct Tax Vivad SeVishwas Act, 2020 (3 of 2020), the provision of this clause shallhave the effect as if— (a) for the figures, letters and words "30th day of March,2021", the figures, letters and words "30th day of January,2021" had been substituted; and (b) for the figures, letters and words "31st day of March,2021", the figures, letters and words "31st day of January,2021" had been substituted: Provided further that where the specified Act is the Income-taxAct, 1961 (43 of 1961) and completion or compliance of actionreferred to in clause (a) of sub-section (1) of section 3 of the Actis an order under sub-section (3) of section 92CA of the Income-tax Act, 1961, the provision of this clause shall have the effect asif— (a) for the figures, letters and words "30th day of March,2021", the figures, letters and words "30th day of January,2021" had been substituted; and (b) for the figures, letters and words "31st day of March,2021", the figures, letters and words "31st day of January,2021" had been substituted; (B) clause (b) of sub-section (1) of section 3 of the Act, where thespecified Act is the Income-tax Act, 1961 (43 of 1961) and thecompliance for the assessment year commencing on the 1st day ofApril, 2020 relates to - (i) furnishing of return under section 139 thereof, the time limit forfurnishing of such return, shall - (a) in respect of the assessees referred to in clauses (a) and (aa)of Explanation 2 to sub-section (1) of the said section 139, standextended to the 15th day of February 2021; and (b) in respect of other assessees, stand extended to the 10th dayof January, 2021: Provided that the provisions of the fourth proviso to sub-section(1) of section 3 of the Act shall, mutatis mutandis apply to theseextensions of due date, as they apply to the date referred to in (B) clause (b) of sub-section (1) of section 3 of the Act, where thespecified Act is the Income-tax Act, 1961 (43 of 1961) and thecompliance for the assessment year commencing on the 1st day ofApril, 2020 relates to - (i) furnishing of return under section 139 thereof, the time limit forfurnishing of such return, shall - (a) in respect of the assessees referred to in clauses (a) and (aa)of Explanation 2 to sub-section (1) of the said section 139, standextended to the 15th day of February 2021; and (b) in respect of other assessees, stand extended to the 10th dayof January, 2021: Provided that the provisions of the fourth proviso to sub-section(1) of section 3 of the Act shall, mutatis mutandis apply to theseextensions of due date, as they apply to the date referred to in sub-clause (b) of clause (i) of the third proviso thereof; (ii) furnishing of report of audit under any provision of that Act, thetime limit for furnishing of such report of audit shall stand extendedto the 15th day of January, 2021. 2. This notification shall come into force from the date of its publication inthe Official Gazette.” 14.On 27.02.2021, Notification No. 966E was issued under Section 3(1)of the Enabling Act. It, for the first time, made specific reference toreassessment proceedings under Section 153 or Section 153B of the Act. Forready reference, the said provisions read as below: “NOTIFICATION NO. S.O. 966(E) [NO. 10/2021/F. NO.370142/35/2020-TPL], DATED 27-2-2021 In exercise of the powers conferred by sub-section (1) of section 3 of theTaxation and Other Laws (Relaxation and Amendment of Certain Provisions)Act, 2020 (38 of 2020) (hereinafter referred to as the said Act) and in partialmodification of the notification of the Government of India in the Ministry ofFinance, (Department of Revenue) No. 93/2020 dated the 31st December,2020, published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (i), vide number S.O. 4805(E), dated the 31st December, 2020(hereinafter referred to as the said notification), the Central Governmenthereby specifics, for the purpose of sub-section (1) of section 3 of the said Act,that -Taxation and Other Laws (Relaxation and Amendment of Certain Provisions)Act, 2020 (38 of 2020) (hereinafter referred to as the said Act) and in partialmodification of the notification of the Government of India in the Ministry ofFinance, (Department of Revenue) No. 93/2020 dated the 31st December,2020, published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (i), vide number S.O. 4805(E), dated the 31st December, 2020(hereinafter referred to as the said notification), the Central Governmenthereby specifics, for the purpose of sub-section (1) of section 3 of the said Act,that - (A) where the specified Act is the Income-tax Act, 1961 (43 of 1961)(hereinafter referred to as the Income-tax Act) and the completion ofany action, as referred to in clause (a) of sub-section (1) of section 3 ofthe said Act, relates to passing of any order- (a) for imposition of penalty under Chapter XXI of theIncome-tax Act, - (i) the 29th day of June, 2021 shall be the end date of theperiod during which the time limit specified in orprescribed or notified under the Income-tax Act falls, forthe completion of such action; and (ii) the 30th day of June, 2021 shall be the end date towhich the time limit for completion of such action shallstand extended; (b) for assessment or reassessment under the Income-tax Act,and the time limit for completion of such action under section153 or section 153B thereof,- (i) expires on the 31st day of March, 2021 due to itsextension by the said notification, such time limit shallstand extended to the 30th day of April, 2021; (ii) is not covered under (1) and expires on 31st day ofMarch, 2021, such time limit shall stand extended to the30th day of September, 2021; (i) the 29th day of June, 2021 shall be the end date of theperiod during which the time limit specified in orprescribed or notified under the Income-tax Act falls, forthe completion of such action; and (ii) the 30th day of June, 2021 shall be the end date towhich the time limit for completion of such action shallstand extended; (b) for assessment or reassessment under the Income-tax Act,and the time limit for completion of such action under section153 or section 153B thereof,- (i) expires on the 31st day of March, 2021 due to itsextension by the said notification, such time limit shallstand extended to the 30th day of April, 2021; (ii) is not covered under (1) and expires on 31st day ofMarch, 2021, such time limit shall stand extended to the30th day of September, 2021; (B) where the specified Act is the Prohibition of Benami PropertyTransaction Act, 1988, (45 of 1988) (hereinafter referred to as theBenami Act) and the completion of any action, as referred to in clause(a) of sub-section (1) of section 3 of the said Act, relates to issue ofnotice under sub-section (1) or passing of any order under sub-section (3) of section 26 of the Benami Act,— (i) the 30th day of June, 2021 shall be the end date of the periodduring which the time limit specified in or prescribed or notifiedunder the Benami Act falls, for the completion of such action;and (ii) the 30th day of September, 2021 shall be the end date towhich the time limit for completion of such action shall standextended.” 15.Next, at the time of enforcement of the Finance Act, 2021, anotherNotification No. 1432 dated 31.03.2021 came to be issued under Section3(1) of the Enabling Act, containing specific stipulations, both with respectto issuance of notices under Section 148 of the Act and also with respect tocompletion of reassessment proceedings. For ready reference, the saidprovisions read as below: “NOTIFICATION S.O. 1432(E) [NO. 20/2021/F. NO.370142/35/2020-TPL), DATED 31-3-2021 In exercise of the powers conferred by sub-section (1) of section 3 of theTaxation and Other Laws (Relaxation and Amendment of Certain Provisions)Act, 2020 (38 of 2020) (hereinafter referred to as the said Act), and in partialmodification of the notification of the Government of India in the Ministry ofFinance, (Department of Revenue) No. 93/2020 dated the 31st December,2020, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii), vide number S.O. 4805(E), dated the 31st December, the CentralGovernment hereby specifies that,- (A) where the specified Act is the Income-tax Act, 1961 (43 Income-taxAct) and, - (a) the completion of any action referred to in clause (a) of sub-section (1) of section 3 of the Act relates to passing of an orderunder sub-section (13) of section 144C or issuance of noticeunder section 148 as per time-limit specified in section 149 orsanction under section 151 of the Income-tax Act, - (i) the 31st day of March, 2021 shall be the end date of theperiod during which the time limit, specified in, orprescribed or notified under, the Income-tax Act falls forthe completion of such action; and (ii) the 30th day of April, 2021 shall be the end date towhich the time-limit for the completion of such actionshall stand extended. Explanation. For the removal of doubts, it is herebyclarified that for the purposes of issuance of notice undersection 148 as per time-limit specified in section 149 orsanction under section 151 of the Income-tax Act, underthis sub-clause, the provisions of section 148, section 149and section 151 of the Income-tax Act, as the case may be,as they stood as on the 31st day of March 2021, before thecommencement of the Finance Act, 2021, shall apply. (b) the compliance of any action referred to in clause (b) of sub- (ii) the 30th day of April, 2021 shall be the end date towhich the time-limit for the completion of such actionshall stand extended. Explanation. For the removal of doubts, it is herebyclarified that for the purposes of issuance of notice undersection 148 as per time-limit specified in section 149 orsanction under section 151 of the Income-tax Act, underthis sub-clause, the provisions of section 148, section 149and section 151 of the Income-tax Act, as the case may be,as they stood as on the 31st day of March 2021, before thecommencement of the Finance Act, 2021, shall apply. (b) the compliance of any action referred to in clause (b) of sub- section (1) of section 3 of the said Act relates to intimation ofAadhaar number to the prescribed authority under sub-section (2)of section 139AA of the Income-tax Act, the time-limit forcompliance of such action shall stand extended to the 30th day ofJune, 2021. (B) where the specified Act is the Chapter VIII of the Finance Act, 2016(28 of 2016) (hereinafter referred to as the Finance Act) and thecompletion of any action referred to in clause (a) of sub section (1) ofsection 3 of the said Act relates to sending an intimation under sub-section(1) of section 168 of the Finance Act,- (i) the 31st day of March, 2021 shall be the end date of the periodduring which the time-limit, specified in, or prescribed or notifiedunder, the Finance Act falls for the completion of such action; and (ii) the 30th day of April, 2021 shall be the end date to which thetime-limit for the completion of such action shall stand extended.” 16.Last, Notification No. 1703 (E) dated 27.04.2021 came to be issuedunder Section 3(1) of the Enabling Act, again providing for extensions oftime to initiate reassessment proceedings and to conclude said proceedings. It reads thus: “NOTIFICATIONS.O.1703(E)[NO.38/2021/F.NO.370142/35/2020-TPL], DATED 27-4-2021 In exercise of the powers conferred by sub-section (1) of section 3 ofthe Taxation and Other Laws (Relaxation and Amendment of CertainProvisions) Act, 2020 (38 of 2020) (hereinafter referred to as the saidAct), and in partial modification of the notifications of the Governmentof India in the Ministry of Finance, (Department of Revenue) No.93/2020 dated the 31st December, 2020, No. 10/2021 dated the 27thFebruary, 2021 and No. 20/2021 dated the 31st March, 2021,published in the Gazette of India, Extraordinary, Part-II, Section 3,Subsection (ii), vide number S.O. 4805(E), dated the 31st December,2020, vide number S.O. 966(E) dated the 27th February, 2021 andvide number S.O. 1432(E) dated the 31st March, 2021, respectively(hereinafter referred to as the said notifications), the CentralGovernment hereby specifies for the purpose of sub-section (1) ofsection 3 of the said Act that, — (A) where the specified Act is the Income-tax Act, 1