Case Law Details
Sumit Jagdishchandra Agrawal Vs DCIT (Gujarat high court)
All original notices under section 148 referable to old regime and issued between 01.04.2021 to 30.06.2021 would stand beyond prescribed permissible timeline of six years from end of assessment year 2013-14 and assessment year 2014-15. Therefore, all such notices when they would relate to assessment year 2013-14 or assessment year 2014-15 would be time barred as per provisions of Act as applicable in old regime prior to 01.04.2021. Further, these notices could not be issued as per amended provision of Act. In view of above, impugned notices in respective petitions under section 148 , relatable to assessment year 2013-14 or assessment year 2014-15, as case may be, were beyond permissible time limit, therefore, liable to be treated as illegal and without jurisdiction.
This Court is in agreement with the decision of this court in Keenara Industries (P) Ltd. v. ITO being Special Civil Application No. 17321 of 2021 and allied petitions, decided on 07.02.2023, wherein it was held that the question of legality of the notice issued in respect of Assessment Year 2013-14 and Assessment Year 2014-15 is covered and the impugned notice is without jurisdiction as it is beyond the time limit prescribed. As well this Court is also in agreement with the decision with Allahabad High Court decision in Rajeev Bansal v. Union of India [Writ Tax No. 1086 of 2022] wherein it was held that in respect of the proceedings where the first proviso to Section 149(1)(b) is attracted, the benefit of TOLA 2020 will not be available to the revenue, or in other words, the relaxation law under TOLA 2020 would not govern the time frame prescribed under the first proviso to Section 149 as inserted by the Finance Act’ 2021, in such cases. Therefore, impugned notices issued under section 148 and order under section 148A(d) passed by Assessing Officer seeking to reopen assessment for assessment years 2013-14 and 2014-15 were to be set aside. [In favour of assessee] (Related Assessment year 2013-14 & 2014-15) – [Sumit Jagdish chandra Agrawal v. DCIT(C) (Guj.)]
FULL TEXT OF THE JUDGMENT/ORDER OF GUJARAT HIGH COURT
All these Special Civil Applications seeking to challenge the notices issued for re-opening of the assessment for the assessment years concerned under Section 148 and the orders passed under Section 148A(d) of the Income Tax Act, 1961.
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