Tyrone Patrick Lemos Vs DCIT (Gujarat High Court)
Gujarat High Court held that reassessment notice issued u/s. 148 of the Income Tax Act under the provisions of the Taxation and Other Laws [Relaxation and Amendment of Certain Provisions] Act, 2020 [TOLA] liable to be quashed as issued beyond surviving period and hence are time-barred.
Facts- The petitioner filed return of income for the Assessment Year 2013-14 on 28.04.2016. A notice dated 30.6.2021 was issued u/s. 148 of the Act under the provisions of the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 (TOLA).
Pursuant to the decision of the Hon’ble Supreme Court in case of Union of India vs. Ashish Agarwal reported in [2022] 138 com 64, the respondent issued notice dated 21.05.2022 u/s. 148A(b) of the Act. The respondent thereafter passed an order dated 27.07.2022 u/s. 148A(d) of the Act alleging that income to the extent of Rs.1,80,60,000/- had escaped assessment. Pursuant to the order dated 27.07.2022, notice u/s. 148 came to be issued on 27.07.2022. This order u/s.148A(d) as well as notice u/s.148 are challenged in the present petition.
Conclusion- Held that there is a notice dated 30.6.2021, only one day time was left for the issuance of the notice under Section 148 after granting 14 days time to the assessee from the decision of Union of India v. Ashish Agarwal, the date of issuance of the notice under Section 148 would be 13.6.2022, whereas in the facts of the case the notice under Section 148 is issued on 27.7.2022 and as such the notice dated 30.6.2021 would be an invalid notice. In the result, the petition succeeds only on this ground. The impugned notice dated 27.7.2022 as well as notice dated 30.6.2021 are hereby quashed and set-aside.
