The Section 147A Dispute: Two High Courts Strike It Down, Supreme Court Grants Stay

The Section 147A Dispute: Two High Courts Strike It Down, Supreme Court Grants Stay

Income tax cases reopened for reassessment after 1 April 2021 now face a major legal question over Section 147A. Two High Courts have declared it unconstitutional, and the Supreme Court will have the final word.

How the dispute began

A new reassessment regime (Section 148A) began on 1 April 2021. On 29 March 2022, the e-Assessment of Income Escaping Assessment Scheme, 2022 was notified under Section 151A, under which notices were to be issued in a faceless manner. However, all notices under Sections 148A and 148 were issued by Jurisdictional Assessing Officers (JAOs). Several High Courts quashed these notices, while some upheld them.

What Section 147A says

Section 147A was inserted by the Finance Act, 2026 (Act No. 4 of 2026) with effect from 1 April 2021. It says that, notwithstanding any judgment, order or decree of any court, or anything in Section 151A or a scheme under it, the Assessing Officer for Sections 148 and 148A means, and shall always be deemed to have meant, an officer other than the NFAC or an assessment unit under Section 144B(3). In effect, JAO notices are treated as valid. A similar amendment was made to Section 279 of the Income-tax Act, 2025.

In April 2026, in ITO v. Tej Partap Singh, the Supreme Court set aside such High Court rulings and sent the cases back, allowed taxpayers to challenge Section 147A, and stayed the proceedings in the meantime.

The High Court rulings

On 10 September 2026, the Punjab and Haryana High Court (Jyoti Sareen v. Union of India) held Section 147A unconstitutional. It said a retrospective law is valid only if it cures the defect found by the courts, but the Section 151A scheme was left unchanged.

On 12 October 2026, the Andhra Pradesh High Court (Bala Sreenivas Rao Somisetty v. ITO) reached the same conclusion, adding that the Income-tax Act, 1961 had been repealed on 1 April 2026 and could not be amended after that.

The Supreme Court stay

On 18 September 2026, the Supreme Court stayed the Punjab and Haryana ruling on the condition that assessment proceedings shall not proceed further until the appeal is decided. The final hearing is on 3 December 2026.

Impact

The fate of cases reopened by JAOs after 1 April 2021 now depends on the Supreme Court. Consult your CA or lawyer about your own case.

This article is general information, not legal advice. If you spot an error, tell us and we will correct it.

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