2022 (4) TMI 1587 - HC - Income Tax

Validity of reopening of assessment - period of limitation - Date of issuance of notice - As petitioner submits that the limitation for issuing notice under Section 148 of the Income Tax Act, 1961, for the assessment year 2016-17 was available to the respondents only up to 31.3.2021 whereas the impugned notice was issued on 1.4.2021, therefore, in view of the law laid down by this Court in the case of Daujee Abhushan Bhandar Pvt. Ltd. Vs. Union of India and 2 others ( 2022 (3) TMI 784 - ALLAHABAD HIGH COURT the impugned notice and reassessment order, both being wholly without jurisdiction are liable to be quashed. As respondents prays for and is granted a week's time to obtain instructions or to file a counter affidavit. Put up as a fresh case on 6.5.2022 before the appropriate Bench.

Summary

The Allahabad High Court heard a writ petition to quash an income tax notice and reassessment order for the assessment year 2016-17. The petitioner argued that the notice was issued after the limitation period. The court granted a week's time for the respondents to respond and scheduled the case for further hearing on 6.5.2022.