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TMI Blog2024 (8) TMI 497X X X X Extracts X X X X X X X X Extracts X X X X ..... Services (P) Ltd [ 2023 (9) TMI 552 - BOMBAY HIGH COURT] held that the provisions of TOLA provide that any notice issued under sec. 148 of the Act after 31st March 2021 will travel back to the original date. With regard to the second question, the Hon ble High Court held that the first proviso to sec. 149 of the new provisions will not enable issuing of notice u/s 148 of the Act after 1st day of April, 2021, if the notice could not have been issued under the erstwhile provisions of sec. 149(1)(b) of the Act on the date when the impugned 148 notice was issued. Under the erstwhile provisions, a notice u/s 148 of the Act could be issued on or before 31st March, 2022. Accordingly, the Hon ble High Court held that the notice u/s 148 issued on 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er it filed appeal before the Ld.CIT(A) with a delay of 198 days. Accordingly, it was submitted that there was a reasonable cause for filing appeal belatedly before the Ld.CIT(A). Accordingly, Ld.AR submitted that Ld.CIT(A) was not justified in refusing to condone the delay. 3. The Ld.AR submitted that the impugned assessment is related to re-assessment proceedings initiated for AY. 2015-16. The AO has issued the notice on 29-07-2022, whereas the last date of issuing notice u/s. 148 of the Act for AY. 2015-16 was 31-03-2022. Accordingly, he submitted that re-opening of assessment is bad in law. In this regard, Ld.AR placed reliance on the decision rendered by the Hon ble Bombay High Court in the case of Hexaware Technologies Limited., vs. A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... first proviso to Section 149 of the Act? 6.1. With regard to the first question, the Hon ble High Court followed its earlier decisions rendered in the case of Tata Communications Transformation Services Ltd vs. ACIT (2022)(443 ITR 49)(Bom) and Siemens Financial Services (P) Ltd vs. DCIT (2023)(154 taxmann.com 159)(Bom) and held that the provisions of TOLA provide that any notice issued under sec. 148 of the Act after 31st March 2021 will travel back to the original date. 6.2. With regard to the second question, the Hon ble High Court held that the first proviso to sec. 149 of the new provisions will not enable issuing of notice u/s 148 of the Act after 1st day of April, 2021, if the notice could not have been issued under the erstwhile prov ..... X X X X Extracts X X X X X X X X Extracts X X X X
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