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TMI Blog2022 (9) TMI 883X X X X Extracts X X X X X X X X Extracts X X X X ..... tice in the present proceedings was issued on 23rd June, 2021 i.e. extended time limit. The said notice was quashed by this Court in petitioner s earlier writ petition as Mon Mohan Kohli [ 2021 (12) TMI 664 - DELHI HIGH COURT] as the mandatory procedure of Section 148A of the Act was not followed before issuing the said notice. In the said judgment though this Court struck down the Explanations A(a)(ii) and A(b) to the said notifications, yet it clarified that the power of reassessment that existed prior to 31st March, 2021 continued to exist till the extended period i.e. till 30th June, 2021; as the Finance Act, 2021 had merely changed the procedure to be followed prior to issuance of notice with effect from 1st April, 2021. When the j ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant portion of CBDT Instruction No.01/2022 is reproduced hereinbelow:- Subject: Implementation of the judgment of the Hon ble Supreme Court dated 04.05.2022 (2022 SCC OnLine SC 543) (Union of India v. Ashish Agarwal)- Instruction regarding ....... 6.0 Operation of the new section 149 of the Act to identify cases where fresh notice under section 148 of the Act can be issued: 6.1 With respect of operation of new section 149 of the Act, the following may be seen: xxx xxx xxx Hon ble Supreme Court has upheld the views of High Courts that the benefit of new law shall be made available even in respect of proceedings relating to past assessment years. Decision of Hon ble Supreme Court read with the time e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing on or before 1st April, 2021 if such notice could not have been issued at that time on account of being beyond the time limit specified under old Section 149(1)(b). 3. He further states that the time limit for reassessment under old Section 149(1)(b) was six years from the end of the Assessment Year which means that cases for Assessment Year 2013-14 and prior cannot be reopened under clause (b) of Section 149(1) as they have already become time barred on 31st March, 2020. 4. Learned counsel for the petitioner states that three High Courts have stayed the Section 148 notices on the ground of limitation. 5. Per contra, learned counsel for the respondent-revenue who appears on advance notice states that the decision of the Supreme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the case falls under clause (b) and clause (c); (b) if four years, but not more than six years, have elapsed from the end of the relevant assessment year unless the income chargeable to tax which has escaped assessment amounts to or is likely to amount to one lakh rupees or more for that year; 7. The time limit for issuing notice under unamended Section 149 which was falling between 20th March, 2020 and 31st March 2021 was extended by Section 3 of TOLA read with Notification No. 20/2021 dated 31st March, 2021, and Notification No. 38/2021 dated 27th April, 2021, until 30th June, 2021. The initial notice in the present proceedings was issued on 23rd June, 2021 i.e. extended time limit. The said notice was quashed by this Co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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