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Validity of Notices Issued under Old Act after 2025

With the coming into force of the new Income-tax Act, 2025, one of the most contentious transition issues is the validity of notices issued under the Income-tax Act, 1961 after the new law becomes operative.

This question has serious implications for reassessment notices, scrutiny proceedings, penalties, and recovery actions. The answer lies in transition provisions, savings clauses, and settled judicial principles.

Core Issue: Do Old Act Notices Survive After 2025?

The repeal or replacement of a statute does not automatically invalidate actions lawfully taken under the old law, unless the new law expressly provides otherwise.

Accordingly, notices issued under the Income-tax Act, 1961 must be examined based on:

Date of issuance

Nature of proceedings

Stage of proceedings

Transition and saving provisions under the new Act

The law favours continuity, not disruption.

Role of Saving and Transition Provisions

The New Income-tax Act contains saving clauses to protect:

Actions already taken

Rights already accrued

Liabilities already incurred

Proceedings already initiated

Where a notice was:

Validly issued under the 1961 Act

Within limitation

By a competent authority

It does not become invalid merely because the new Act has come into force.

Substantive vs Procedural Law

A critical distinction governs validity:

Substantive Law

Charge of tax

Rate of tax

Penalty exposure

Conditions for reopening

These continue to be governed by the law applicable to the relevant assessment year.

Procedural Law

Mode of service

Faceless mechanism

Digital communication

Hearing process

Procedural provisions of the new Act may apply prospectively, if not prejudicial.

Courts consistently hold that procedural changes can apply to pending matters, but substantive changes cannot operate retrospectively.

Validity of Reassessment Notices

For reassessment notices issued under the old Act:

Jurisdiction must have been assumed correctly

Limitation under the 1961 Act must be satisfied

Mandatory pre-conditions (sanction, reasons, opportunity) must be complied with

If a notice suffers from:

Jurisdictional defect

Time-bar

Lack of approval

It can be challenged regardless of the new Act.

Transition cannot cure an illegal notice.

Notices Issued After 2025 Referring to Old Act

A serious legal issue arises where:

Notices are issued after 2025

Yet refer to repealed sections of the 1961 Act

Without backing from transition provisions

Such notices are vulnerable to challenge, unless expressly saved by law.

Courts have repeatedly held that:

Authority must act strictly within the law in force on the date of action.

Impact on Pending Scrutiny and Penalty Notices

Notices already issued and proceedings pending:

Continue under the old Act for substantive matters

May adopt new procedural framework if legally notified

Penalty proceedings:

Must follow penalty provisions applicable to the relevant year

Cannot be enhanced or altered by subsequent law

Taxpayer Remedies

Taxpayers may challenge invalid notices by:

Filing objections before the Assessing Officer

Raising jurisdictional grounds in appeal

Approaching High Courts through writ petitions

Seeking stay of proceedings where notice is prima facie invalid

Jurisdictional defects can be raised at any stage.

Common Grounds of Challenge

Invalidity challenges commonly arise due to:

Time-barred notices

Lack of mandatory approval

Mechanical sanction

Retrospective application of new law

Wrong section invocation

Transition is not a license for procedural shortcuts.

Conclusion

The validity of notices issued under the old Income-tax Act after 2025 depends on lawful initiation, correct jurisdiction, and proper saving provisions.

The new Act preserves legality, not illegality.

For taxpayers, vigilance during transition is essential.
For the department, strict adherence to transition law is mandatory.

A notice survives transition only if it survives the law.

Written by:
Abhishek Gupta
Chartered Accountant
Office No. 19, Sagar Building, 4th Floor, Plot-327,
Narshi Natha Street, Masjid Bunder (West),
Mumbai – 400009
📞9324776120
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