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TMI Blog2024 (10) TMI 760X X X X Extracts X X X X X X X X Extracts X X X X ..... y barred by limitation. Therefore, the 148 Notice issued indeed deserves to be quashed as being barred by limitation. We hereby quash and set aside the 148 SCN and all consequential actions emanating from the 148 SCN. - G. S. KULKARNI SOMASEKHAR SUNDARESAN, JJ. For the Petitioner : Mr. Khalid Kazi i/b VIS Legis Law Practice,. For the Respondents : Mr. Suresh Kumar,. PC: 1. Rule. Rule made returnable forthwith. Learned Counsel for the Respondents waives service. By consent of the parties, heard finally. 2. This Writ Petition under Article 226 of the Constitution of India has been filed to challenge a notice dated 25 July, 2022 ( 148 SCN ) issued to the Petitioner under Section 148 of the Income Tax Act, 1961 ( the Act ) for reassessment of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r thoughtful consideration to the material on record. 6. We find that the matter at hand is squarely covered by the ruling by a Division Bench of this Court in the case of Godrej Industries Ltd. v. The Assistant Commissioner of Income Tax, Circle 14 (1)(2), Mumbai Ors. 2024 (3) TMI 109 Bombay High Court ( Godrej ). The facts of the case in Godrej are quite similar the Assessment Year was 2014-15; the show cause notice under Section 148A(b) came to be issued for the first time on 24th May, 2022; and the Section 148 notice came to be issued on 31st July, 2022. In the instant case, the notice under Section 148 was issued on 25th July, 2022 just about six days before the notice in Godrej. The Division Bench which dealt with the issue of limitat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n where after exclusion of the time period referred to in the fifth proviso, the time available with the Assessing Officer for passing an order under Section 148A(d) of the Act is less than 7 days, then the remaining time frame shall be extended to 7 days and limitation also stands extended by 7 days. 17. The notice under Section 148 of the Act issued on 31st July 2022, therefore, is barred by limitation. As per the fifth proviso to Section 149 of the Act only the period from 24th May 2022 to 8th June 2022 can be excluded since the notice under Section 148A(b) of the Act has been issued for the first time on 24th May 2022 providing time to petitioner till 8th June 2022 to furnish a reply. The Revenue is seeking to exclude a period from 21st ..... X X X X Extracts X X X X X X X X Extracts X X X X
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