Important issues under new law of Reassessment under Section 148 and 148A

IS NOTICE U/S 148 ISSUED AFTER 31 MARCH 2021 VALID* ?? (UNDER OLD & NEW PROVISIONS) *IF YES THEN WHAT COURSE OF ACTION*

1. Whether there is any legal or constitutional infirmity in issuing notice u/s 148 of old law on or after 1.4.2021?

2. Whether new law of section 148A which is applicable on or after 1.4.2021 is required to be followed while issuing notice u/s 148 of old law on or after 1.4.2021?

3. Whether there is any special rationale for enacting ‘Explanation’ to section 147?

4. Whether there is any special reason to substitute ‘reason to believe’ with ‘ information suggesting…’?

5. Can there be any situation where though income chargeable to tax may not escape assessment yet case can still be reopened u/s147?

6. Conversely, can there be cases where income chargeable to tax has escaped assessment yet reopening of such assessment cannot be done and such escaped income cannot be brought to tax?

7. Whether to serve order passed under section 148A(d) is mandatory along with the notice u/s148 and if yes, then why has legislature used the expression ‘if required’ in section 148?

8. What is the true import of expression ‘represented in the form of asset’ used in section 149 and at which point of time, existence of asset has to be seen i.e. at the time of earning income or at the time of issuing notice u/s 148?

9. Can a case be reopened even after the expiry of a period of 10 years from the end of the relevant assessment year?
10.One more important question/ issue :

AO has received some information from Investigation Wing post 31.03 2021  means he was NOT IN POSSESION of any information relating to Assessee as at 31.03.2021
Can AO still issue notice now u/s 148 based on information received after 1st April 2021 and whether we can challenge the same technically or not

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