Opera Exports Private Limited Vs ACIT (Gujarat High Court)
Gujarat High Court held that reassessment show cause notice under section 148 of the Income Tax Act issued after 18.06.2022 i.e. after surviving time’ would be invalid and accordingly, notice is quashed and set aside.
Facts- The respondent Assessing Officer issued notice dated 28.06.2021 under section 148 of the Act for the Assessment Year 2013-2014 during the extended time period as per Taxation and Other Laws (Relaxation of Certain Provisions) Ordinance, 2020. This petition is filed under Article 226 of the Constitution of India challenging the notice under section 148 of the Income Tax Act, 1961 dated 27.07.2022 on the ground that the notice would be invalid and time barred.
Conclusion- Held that the impugned notice dated 27.07.2022 issued under section 148 of the Act would be invalid notice as the said notice is issued after 18.06.2022 as per the decision of Hon’ble Apex Court in case of Ashish Agarwal. Therefore, the impugned notice having been issued beyond the ‘surviving time’ would be invalid notice as held by the Hon’ble Apex Court in case of Rajeev Bansal. Thus, impugned notice dated 27.07.2022 is hereby quashed and set aside and all consequential proceedings are also quashed and set aside.
