9911796707
TMI Blog2022 (7) TMI 600X X X X Extracts X X X X X X X X Extracts X X X X ..... er Section 148A (d) of the Income Tax Act, 1961 (hereinafter referred to as 'Act') whereby it has been ordered that the case of the assessee is a fit case for issuance of notice under Section 148 of the Act for the Assessment Year 2018-19. The petitioner has further prayed for quashing of the entire reassessment proceeding for the Assessment Year 2018-19 including the notice under Section 148A(b) of the Act dated 25.3.2022 (Annexure-2) and also notice under Section 148 of the Act dated 31.3.2022 (Annexure-4). 2. The facts of the case lie in a narrow compass. The petitioner had filed its return of income for the Assessment Year 2018-19, on 25.09.2018. The books of the petitioner were duly audited as per Section 44AB of the Act. On 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... escapement of income for the concerned Assessment Year. He further submits that the petitioner apprehends that now the revenue will proceed with the reassessment proceedings. Since the very inception the genesis of the reassessment proceeding is violative of Section 148A of the Act, the entire subsequent actions of the Revenue in the instant matter is fit to be rendered illegal and void-ab-initio as there is clear violation of the mandatory timeline as stipulated in Section 148A(b) of the Act which has also caused great prejudice to the petitioner. As such, the instant writ petition may be allowed and the impugned order passed under Section 148A(d) dated 31.3.2022, the notice under Section 148A(b) dated 25.3.2022 and the Notice issued unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Lamba further submits that the respondent no.3 under the bonafide belief and impression that since no reply to the show cause notice nor request for extension of time limit has been received, has issued the order under Section 148A(d) of the Act on the last date of the Financial Year 2021-22 i.e. on 31.3.2022. He lastly submits that the respondent No.3 only on the basis of aforesaid reason, acted diligently and issued order under Section 148A(d) of the Act as well as issued notice under Section 148 of the Act on 31.3.2022. 5. Having heard learned counsel for the parties and after going through the documents available on record especially the notice under Clause (b) of Section 148A of the Act (Annexure-2) dated 25.3.2022 and the averments ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as the legislature has categorically stipulated mandatory timeline of minimum 'Seven days' and maximum 'Thirty days' to be given to the petitioner before the order u/s 148A(d) can be passed for reassessment proceeding. In the case at hand admittedly, the same has not been followed; as such the instant writ application is maintainable under the writ jurisdiction. At this stage, it is pertinent to mention here that since the defect committed by the Revenue by giving less than seven days' time to the Assessee to reply to the Notice issued u/s 148(A)b of the Act, is a curable defect; as such, the Revenue, if the law so permits, can issue fresh letter to the Assessee in continuation to the Notice issued u/s148(A)b of the Act ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
