Anshul Jain v PCIT
Supreme CourtHelps department
The order under section 148A(d) rejects everything I said and the section 148 notice has followed. Can I take it straight to the High Court?
Usually not. The Supreme Court dismissed the assessee's petition against a High Court order refusing to interfere at that stage, saying that the notices had been issued after his objections were considered and that any grievance on the merits had to be taken to the Assessing Officer in the reassessment proceedings. It is an order dismissing a special leave petition with brief reasons, on a record that lists no counsel for the Revenue, and the same Court took a different line four months later in Red Chilli International Sales, where it set aside a refusal to entertain a writ that rested only on the existence of an alternative remedy. Read it as the ordinary rule and not as a bar, and read it today alongside section 147A, because what happens inside a reassessment is the most disturbed part of the Act.
Statutory position — the Finance Act, 2026 and reassessment: s.147A, s.292BC, the thirty-day floor in s.148(1), and ss.153(10) and 153B(1A)
CBDT Circulars & InstructionsCuts both waysUnder appeal
The Finance Act 2026 seems to have changed the reassessment rules backwards in time. What exactly did it change, from which dates, and which of my grounds has it taken away?
The Finance Act, 2026 (No. 4 of 2026), assented to on 30 March 2026, amended the Income-tax Act, 1961 through clauses 4 to 33, and six of those clauses are about assessment and reassessment. Clause 9 inserted section 147A, deemed in force from 1 April 2021, which makes the Assessing Officer for sections 148 and 148A an officer other than the National Faceless Assessment Centre or a section 144B(3) assessment unit, notwithstanding any judgment, section 151A or any scheme under it; clause 33 inserted section 292BC, also deemed in force from 1 April 2021, which makes an approval in any assessment or reassessment administrative and supervisory in nature and immune to attack for insufficient reasons or a missing digital signature. Clause 10 gave the section 148 notice a thirty-day floor from 30 March 2026, clause 11 substituted section 150 from 1 February 2026, and clauses 12 and 13 inserted section 153(10) and section 153B(1A), reaching back to 2009, to fix when a draft order under section 144C(1) may be made. Sections 147, 148A, 149, 151 and 151A were not amended at all. Section 147A has since been struck down by the Punjab and Haryana High Court in Jyoti Sareen v. Union of India on 10 September 2026, and that judgment was stayed by the Supreme Court on 18 September 2026, which hears the appeal on 3 December 2026.