ITO Vs Mohammed Hayath Miskeen (Karnataka High Court)
AY 2015-16 Reassessment Notices Issued After 1 April 2021 Must Be Dropped: Karnataka HC
Revenue Concedes That Reassessment Appeal Cannot Survive
The Karnataka High Court has dismissed the Revenue’s writ appeal challenging the quashing of reassessment proceedings for Assessment Year 2015-16, holding that the issue stood covered by the Revenue’s concession recorded by the Supreme Court in Union of India v. Rajeev Bansal.
The Division Bench reiterated that all reassessment notices issued on or after April 1, 2021, for Assessment Year 2015-16 are required to be dropped, as such proceedings do not fall within the extended limitation contemplated under the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020.
The Revenue fairly conceded before the High Court that, in view of the Supreme Court’s ruling and the concession recorded therein, its appeal did not survive.
Reassessment Notice Issued on June 30, 2021
The assessee, Mohammed Hayath Miskeen, was subjected to reassessment proceedings for Assessment Year 2015-16.
The original notice under Section 148 of the Income-tax Act was issued on June 30, 2021. Thereafter, following the legal developments concerning reassessment notices issued under the old regime, the Department issued a notice dated May 17, 2022, under Section 148A(b).
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