9911796707
TMI Blog2023 (2) TMI 1136X X X X Extracts X X X X X X X X Extracts X X X X ..... sued under Section 148A(b) of the Income Tax Act, 1961 [in short, "Act"] which was required to be provided. 2. As noted on that date i.e., 01.02.2023, it was the contention of Mr Salil Kapoor, who appears on behalf of the petitioner, that the minimum statutory timeframe, as indicated in clause (b) of Section 148A of the Act, was not provided. 2.1 For the sake of convenience, the relevant parts of the order dated 01.02.2023 are set forth hereafter: "2. This writ petition concerns Assessment Year (AY) 2018-19. 3. Mr Salil Kapoor, who appears on behalf of the petitioner/assessee, says that the period granted to the petitioner for filing a reply via notice dated 10.03.2022, issued under Section 148A(b) of the Income Tax Act, 1961 [in shor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d of seven years would not complete till the last 'minute' or even the last 'second' of the said period are counted. In other words, till the last minute of the seven years' period is completed the period remains less than seven years. In the present case the agreement was entered on 1-8-1964. The last instalment was to be paid on 31-7-1971. The seven years were to complete at 12 A.M. (between the night of 31-7-1971 and 1-8-1971). Even if the loan was paid back at 11.59 P.M. on 31-7-1971 the period would be less than seven years by one minute. It is. therefore, obvious that the period of 'not less than seven years' can only mean till after the completion of seven years. We, therefore, hold period of seven years d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s out that the digital signatures were appended on the notice, issued under Section 148A(b) of the Act, only on 11.03.2022 i.e., on Friday. 10.1 Although the date is not visible, since there is a reference to the day, it can be concluded that the date, as per the calendar would be 11.03.2022. 11. In any event, Mr Maratha will return with instructions on the aspects indicated above. 12. Issue notice. 12.1 Mr Maratha accepts notice on behalf of the respondents/revenue. 13. List the matter on 14.02.2023." 3. Mr Abhishek Maratha, learned senior standing counsel, who appears on behalf of the respondents/revenue has returned with instructions. 3.1 Mr Maratha says, that the notice dated 10.03.2022 issued under Section 148A(b) of the Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rty to pass a fresh order. However, before proceeding further, the AO will furnish the information/material which is in his/her possession, and is relevant for the purpose of triggering the reassessment proceedings against the petitioner. 8. In case any such information/material is furnished, the petitioner will have liberty to file a supplementary reply. For this purpose, the AO will grant two weeks to the petitioner. 9. The AO will also accord personal hearing to the authorized representative of the petitioner. 10. Needless to add, nothing stated hereinabove will impact the merits of the case. 11. The writ petition is disposed of in the aforesaid terms. 12. Consequently, the pending application shall stand closed. 13. Parties will a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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