9911796707
TMI Blog2024 (8) TMI 1188X X X X Extracts X X X X X X X X Extracts X X X X ..... ng/reassessment in question, which was for the assessment year 2013-14. It appears that overlooking such position, the Assessing officer, under the presumption that the amendment to the said provision as incorporated by Finance Act, 2022 with effect from 1 April, 2022 had become applicable to the facts in hand, i.e., A.Y. 2013-14, issued notice under section 148 dated 25 July, 2022 inter alia considering the decision of Supreme Court in Union of India vs. Ashish Agarwal [ 2022 (5) TMI 240 - SUPREME COURT] . Being a jurisdictional issue, looked from any angle, the notice dated 25 July, 2022 under Section 148 of the Act could not have been issued for the assessment year 2013-14. It is on such notice, the assessment order dated 26 May, 2023 ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ri or a Writ in the nature of Certiorari or any other appropriate Writ, Order or direction, calling for the records of the Petitioner's case and after going into the legality and propriety thereof, to quash and set aside the notice dated 07.04.2021 issued under section 148 ( Exhibit A ) which is now treated as deemed show cause notice under section 148A(b) in pursuance of issue letter dated 26.05.2022 ( Exhibit C ); the order dated 25.07.2022 passed under section 148A(d) of the Act ( Exhibit D ); the notice dated 25.07.2022 issued under section 148 of the Act( Exhibit El ); the assessment order dated 26.05.2023 passed under section 147 r.w.s 144 read with section 144B ( Exhibit F1 ); the impugned Notice of Demand dated 26.05.2023 under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he impugned Notice of Demand dated 26.05.2023 under section 156 ( Exhibit F2 ); the Penalty Order dated 19.02.2024 under section 271(1)(b) (Exhibit G1 ); the Penalty Order dated 20.02.2024 under section 271 (1) (c) (Exhibit G2 ) and the Penalty Order dated 20.02.2024 under section 271F (Exhibit G3 ). (c) That this Hon'ble Court be pleased to issue a writ of prohibition or a writ in the nature of prohibition or any other appropriate writ, order or direction under Article 226 of the Constitution of India prohibiting Respondents from taking any steps in furtherance of the assessment order dated 26.05.2023 passed under section 147 r.w.s 144 read with section 144B ( Exhibit F1 ); the impugned Notice of Demand dated 26.05.2023 under section 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ears relevant to the assessment year 2013-14 expired on 31 March, 2020. Thus, the amendment as incorporated in Section 149 (1) (b) was not applicable for the re-opening/reassessment in question, which was for the assessment year 2013-14. It appears that overlooking such position, the Assessing officer, under the presumption that the amendment to the said provision as incorporated by Finance Act, 2022 with effect from 1 April, 2022 had become applicable to the facts in hand, i.e., A.Y. 2013-14, issued notice under section 148 dated 25 July, 2022 inter alia considering the decision of Supreme Court in Union of India vs. Ashish Agarwal Civil Appeal No. 3005 of 2022 dated 4 May, 2022. 6. Learned counsel for the petitioner has placed reliance on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act falls for completion. The limitation under the Income Tax Act, 1961(erstwhile Section 149) for reopening the assessment for the AY 2013-14 expired on 31st March 2020. Hence, Notification No.20/2021 did not apply to the facts of the present case, viz., reopening notice for the AY 2013-14. Therefore, the Revenue could not issue any notice under Section 148 beyond 31st March 2021 and hence, even the relate back theory of the Revenue could not safeguard the reassessment proceedings initiated after 1st April 2021 for AY 2013-14. 7. Mr. Sharma has however argued that the petition ought not to be entertained as the petitioner has approached this Court with a delay inasmuch as in pursuance of the action taken by the Assessing Officer under sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ), as the provision stood prior to the amendment as incorporated by the Finance Act, 2022 brought into effect from 1 April, 2022. In the present case, admittedly, Section 148 notice was issued on 25 July, 2022, which is almost two years after the limitation period had expired on 31 March, 2020, which was further extended upto 31 March, 2021 because of the notification issued as a result of Covid-19 pandemic. 10. Being a jurisdictional issue, looked from any angle, the notice dated 25 July, 2022 under Section 148 of the Act could not have been issued for the assessment year 2013-14. It is on such notice, the assessment order dated 26 May, 2023 has been passed. We may observe that this is clearly a case where the Assessing Officer has proceed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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