Case Law Details
P A Polymer Vs ITO (Gujarat High Court)
The reassessment notice issued under Section 148 of the Income Tax Act, 1961, concerning the information of alleged bogus political donations, has been challenged on the grounds of exceeding the limitation period. The High Court has instructed the Assessing Officer (AO) to refrain from passing the assessment order.
Analysis-
In a recent court hearing, P A Polymer took on the Income Tax Office (ITO) at the Gujarat High Court over a reassessment notice issued under Section 148 of the Income Tax Act, 1961. The crux of the issue centered on the information of alleged bogus political donations, challenged on the ground of limitation.
The main contention brought forward by P A Polymer’s advocate, Mr. Vijay H. Patel, was that the respondent (ITO) issued the notice under Section 148A(b) of the Income Tax Act, 1961, after the limitation period prescribed under Section 149 of the Act. In effect, this would render the ITO without jurisdiction to proceed further. Further, it was submitted that an order was already passed under Section 148A(d) of the Act.
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