Case Law Details
Coplama Products Private Limited Vs ITO (Calcutta High Court)
Calcutta High Court has delivered a verdict in the case of Coplama Products Private Limited vs ITO, stating that the issuance of notice and initiation of reassessment beyond six years is prohibited by the limitation period. The petitioner challenged the order issued under Section 148A(d) and Section 148 of the Income Tax Act, 1961 for the assessment year 2015-2016, citing the jurisdiction of the assessing officer as being barred by limitation under Section 149(1)(b) of the Income Tax Act.
HC held that Admittedly, the issuance of notice and initiation of re-assessment proceeding are beyond six years and, prima facie, it is barred by limitation both under the old Act as well as under newly amended provision relating to Section 147 of the Act.
The court, after considering the arguments, decided to call for affidavits and granted an interim order, halting further proceedings based on the impugned order until the final disposal of the writ petition.
FULL TEXT OF THE JUDGMENT/ORDER OF CALCUTTA HIGH COURT
Please become a Premium member. If you are already a Premium member, login here to access the full content.
Respected sir
it is interesting as supreme court has accepted tola issue and notice given for assment year 2013 14 is valid after aashish agarwal order and given stay fo4 assment year for 2014 15 and 2016 17 also.