2023 (1) TMI 421 - HC - Income Tax

Reopening of assessment u/s 147 - Period of limitation - HELD THAT - Essentially, as the question raised is of limitation, issue Notice returnable on 03.01.2023. By way of interim relief, it is directed that the process of assessment shall continue with the cooperation of the petitioner, however, the final assessment order shall not be passed before the returnable date. Let affidavit-in-reply be filed by the other side. To be served at least 72 hours in advance. Affidavit-in-rejoinder, if any, shall be filed on or before 03.01.2023 with a copy to the other side. Over and above the regular mode of service, service of notice through e-mode on the official e-mail ID is permitted.

Summary

Issues involved: Challenge to notice under Section 148 of the Income Tax Act, 1961 for Assessment Year 2014-15 based on limitation.

Analysis:
1. The petition challenges the notice issued under Section 148 of the Income Tax Act, 1961, dated 30.06.2021, along with the subsequent order under Section 148A(d) of the Act and a notice under Section 148 of the Act dated 30.06.2022 for the Assessment Year 2014-15. The prayers in the petition seek to quash and set aside the impugned notices and order, stay the implementation and operation of the order and notice, and request any other relief deemed just and proper. The petitioner also seeks a stay on further proceedings for assessment for A.Y.2014-15.

2. The primary issue raised in the petition pertains to the question of limitation. The court, acknowledging the limitation issue, issues a Notice returnable on 03.01.2023. As an interim measure, the court directs that the assessment process may continue with the petitioner's cooperation; however, the final assessment order should not be passed before the returnable date to maintain fairness and procedural regularity.

3. The court orders the other party to file an affidavit-in-reply, to be served at least 72 hours in advance. The petitioner is allowed to file an affidavit-in-rejoinder, if necessary, on or before 03.01.2023, with a copy provided to the other party. This procedural step ensures both parties have an opportunity to present their arguments and evidence effectively before the court.

4. In addition to the standard mode of service, the court permits the service of notice through e-mode on the official e-mail ID. This modern approach to service ensures efficient communication and compliance with procedural requirements, enhancing the transparency and accessibility of the legal process for all parties involved in the case.