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TMI Blog2023 (1) TMI 1406X X X X Extracts X X X X X X X X Extracts X X X X ..... elying upon the decision of Marwadi Shares and Finance Ltd. [ 2018 (5) TMI 1547 - GUJARAT HIGH COURT ] has allowed the appeal. The hon'ble Gujarat High Court has held in the said case that when the first notice of reopening of the assessment is not withdrawn, there is no scope in law to issue a fresh notice to reopen. It is not in dispute that no action has been taken pursuant to the notice u/s 148 - According to the Revenue, time would expire to complete the assessment proceedings pursuant to notice on December 31, 2014, which, in our view is incorrect in view of section 153(2) of the Act as it stood prior to amendment. Decided against revenue. - P. S. Dinesh Kumar And G. Basavaraja JJ. For the Appellants : Sanmathi E. I. , Standing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hort) issued notice under section 148 of the Act dated April 18, 2013. Pursuant thereto no action was taken. 4. The second notice was issued under section 148 of the Act on March 31, 2015. The assessee contested the said notice and assessment order has been passed under section 143 read with section 147 of the Act, wherein the Assessing Officer has disallowed some exemptions. The Commissioner of Income-tax (Appeals) ( CIT(A) for short) has confirmed the Assessing Officer's order and the Income-tax Appellate Tribunal has set aside the Assessing Officer's order and allowed the appeal. 5. Shri Sanmathi assailing the Income-tax Appellate Tribunal's order submitted that pursuant to first notice dated April 18, 2013 issued under secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... therefrom would expire on March 31, 2015. Thus, the Assessing Officer had time till March 31, 2015 to complete the proceedings. 10. The Income-tax Appellate Tribunal relying upon the decision of the hon'ble Gujarat High Court rendered in Marwadi Shares and Finance Ltd. v. Dy. CIT [2018] 407 ITR 49 (Guj) ; [2018] 94 taxmann.com 398 (Guj) (paras 17 and 18) has allowed the appeal. The hon'ble Gujarat High Court has held in the said case that when the first notice of reopening of the assessment is not withdrawn, there is no scope in law to issue a fresh notice to reopen. 11. It is not in dispute that no action has been taken pursuant to the notice under section 148 of the Act dated April 18, 2013. According to the Revenue, time would e ..... X X X X Extracts X X X X X X X X Extracts X X X X
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