2021 (3) TMI 1457 - HC - Income Tax

Validity of reopening of assessment - as submitted notice issued beyond a period of four years - as pointed out that the reasons recorded by the AO pertaining to deduction claimed u/s 80IA( 4) was already considered while passing order under section 143(3) and the reliance placed on subsection (12)(a) of section 80IA also would not be applicable as the case is covered by clause (b) of subsection (12) of section 80IA - HELD THAT - Considering the above submissions, issue notice returnable on 6th May, 2021. In the meantime, by way of ad interim relief, it is directed that the respondents shall not pass the final order without the leave of the Court.

Summary

The Gujarat High Court heard a case regarding a notice issued under section 148 of the Income Tax Act, 1961 for the assessment year 2014-2015. The petitioner argued that the notice was issued beyond the four-year limit and that the reasons recorded by the Assessing Officer had already been considered. The court issued a notice returnable on 6th May, 2021 and directed that the respondents should not pass the final order without the court's permission.