Whether reassessment proceedings initiated for AY 2015-16 relying on TOLA and Instruction issued by CBDT is bared by limitation?

Dilip Bhikhalal Desai Vs DCIT (Calcutta High Court)

Justice Shekhar B Saraf in this order was dealing with challenge to the order u/s 148A(d) and Notice u/s 148 dated 29th July,2022 which was passed by the AO for the AY 2015-16 admittedly relying on the Instruction No 01/2022 dated 11th May, 2022 and Appellant argued that the order as well as notice was barred by limitation in view of the provisions of Section 149(1) of the Act.

The court noting that 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 stayed the proceedings by observing that the Appellant has been able to make out a prime facie case on limitation and directed the department to file affidavit in opposition , listing the matter in April, 2023.

There will be no further proceeding on the basis of the impugned order dated 29th July, 2022 being Annexure P-6 to the writ petition till the disposal of the writ petition.

This judgement will be a welcome latest order wherein the assessment for AY 2015-16 have also been stayed on limitation point.

Please become a Premium member. If you are already a Premium member, login here to access the full content.