2023 (5) TMI 1120 - SCH - Income Tax

Reopening of assessment u/s 147 - scope of enactment of Section 148A - benefit of relaxation/extension under the Taxation and Other Laws (Relaxation And Amendment of Certain Provisions) Act (TOLA) 2020 - As directed by HC 2023 (2) TMI 1081 - ALLAHABAD HIGH COURT reassessment proceedings initiated with the notice u/s148 (deemed to be notice u/s148-A) issued between 01.04.2021 and 30.06.2021 cannot be conducted by giving benefit of relaxation/extension under TOLA 2020 upto 30.03.2021 and the time limit prescribed in Section 149 (1)(b) (as substituted w.e.f. 01.04.2021) cannot be counted by giving such relaxation from 30.03.2020 onwards to the revenue. Also proceedings where the first proviso to Section 149(1)(b) is attracted benefit of TOLA 2020 will not be available to the revenue. HELD THAT - Issue notice returnable on 10.07.2023. In the meantime the impugned judgment and order passed by the High Court is ordered to be stayed.