Time limit for issue of section 149 notice is in respect of Section 148 & not for Section 148A

Sylph Technologies Limited Vs Principal Chief Commissioner of Income Tax (Madhya Pradesh HC)

The time limit for issue of notice under section 149 is in respect of Section 148 and not for Section 148A.

1. The AO had issued issued a notice dated 28.06.2021 under pre-amended sec. 148 of the  Income tax Act.

2. Later in consequence to the order  passed by the Hon’ble Apex Court in UOI  v/s Ashish Agrawal and CBDT  Instruction No.1/2022 dated 11.05.2022 for implementation of the aforesaid judgment, The AO issued a fresh notice dated 20.05.2022 under newly inserted Section 148 of the Act to the assessee .

3. The assessee filed reply  that assessment had become time-barred, hence, cannot be reopened. Thereafter  AO passed an order u/s. 148A(d) dated 26.07.2022,  rejecting the objection and he concluded that it was a fit case for issuance of notice u/s. 148 of the Act for A.Y, 2013 – 14.

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