Case Law Details
Geeta Agarwal Wife Of Shri Navratan Agarwal Vs ITO (Rajasthan High Court)
It is contended that as in the present case, the income, which is alleged to have escaped assessment, is far below Rs.50 lacs i.e., Rs.8 lacs, the bar under clause (a), sub-section (1) of Section 149 of the Act would come into play and the notice under Section 148 of the Act which has been issued on 26.07.2022 pertaining to relevant assessment year 2016-2017, is apparently barred by law.
There is nothing in Section 149 of the Act or in any other provisions of the Act after the Finance Act amendment with effect from 01.04.2021 which empowers and authorises the Assessing Authority to reopen assessment under Section 148 of the Act on the ground that such reopening was permissible under the repelled provisions as they stood prior to 01.04.2021. On the face of the provision, it is clear that if three years have elapsed from the end of the relevant assessment year, unless the case falls under the clause-(b) i.e., the alleged income involved exceeds Rs.50 lacs, notice under Section 148 of the Act could not be issued. This essentially is a matter of jurisdiction.
In view of the above considerations, we find no reason to depart from the orders which have been passed in other cases protecting assessee against the further proceedings where it pertains to relevant assessment year of 2016-2017 and the income alleged to have escaped assessment is found to be less than Rs.50 lacs. Accordingly, further proceedings pursuant to impugned notice dated 26.07.2022 under Section 148 of the Act, shall remain stayed till the final disposal of this writ petition.
FULL TEXT OF THE JUDGMENT/ORDER OF RAJASTHAN HIGH COURT
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Author Bio
is Revenue has filed any petition at supreme court as all cases regarding section 148 income tax notice is to transfer from Rajasthan highcourt to supreme court.if filed then what is status?