Dilipbhai Jayantibhai Patel Vs Assessment Unit Income-tax Department (Gujarat High Court)
Gujarat High Court held that reassessment proceedings under section 148 of the Income Tax Act issued beyond the surviving time is invalid. Accordingly, notice is liable to be quashed and set aside. Hence, writ petition allowed.
Facts-
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 28.07.2022 on the ground that the notice would be invalid and time barred.
Conclusion-
Held that the impugned notice dated 28.07.2022 issued under section 148 of the Act would be invalid notice as the said notice is issued after 16.06.2022 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. Thus, impugned notice dated 28.07.2022 is hereby quashed and set aside and all consequential proceedings are also quashed and set aside.
FULL TEXT OF THE JUDGMENT/ORDER OF GUJARAT HIGH COURT
1. Heard learned advocate Mr. Manish J. Shah for the petitioner and learned Senior Standing Counsel Mr. Karan Sanghani for the respondent.
2. This petition is filed under Article 226 of the Constitution of India challenging the notice under section 148 of the Income Tax Act, 1961 (For short “the Act”) dated 28.07.2022 on the ground that the notice would be invalid and time barred.
