Case Law Details
Shree Durgasyntex Private Limited Vs ACIT (Gujarat High court)
Gujarat High Court held that issuance of notice for reassessment under section 148 of the Income Tax Act beyond the period of six years from the end of the relevant assessment year is barred by limitation.
Facts- In the present petition filed under Article 226 of the Constitution, the petitioner has called in question the notice dated 31.07.2022 issued by respondent-assessing officer under Section 148 of the Income Tax Act, 1961 seeking to reopen the assessment in respect of assessment year 2013-14. Also challenged is the order dated 31.07.2022 passed under Section 148A(d) of the Income Tax Act, 1961 (hereinafter referred to as “the Act”).
It is mainly contested that the notice issued under section 148 of the Act and the consequential order under section 148A(d) of the Act issued by the department for assessment year 2013-14 is barred on the ground of limitation, the notice having been issued after passage of six years from the end of the relevant assessment year.
Conclusion- Held that limitation of six years from the end of relevant assessment year operated as timeline in the old regime for issuance of notice under section 148 beyond which period, it was not competent for the assessing officer to issue notice for reassessment.
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