9911796707
TMI Blog2024 (11) TMI 320X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessment, reassessment, or recomputation shall not be made after the expiry of nine months from the end of the financial year in which the notice under Section 148 was issued. The proviso, however, provides that in respect of notices under Section 148 served on or after first day of April 2019, the period of nine months as aforesaid will be substituted by twelve months. In the present case, notice has been issued on 29.03.2021, thereby making applicable the provisio to sub-section (2) of Section 153 requiring the reassessment to be made within twelve months from that date. Thus, we find credence in the submission made the petitioner that the reassessment was required to be completed by 31.03.2021. In the present case, the reassessment havi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .2022 Bearing Din No. ITBA/AST/M/148-1/2022-23/1043971269(1), issued by the respondent No. 1 for the assessment year 2013-14 herein marked as Annexure-A1. iii) Issue a Writ of Certiorari or direction in the nature of a writ of certiorari quashing the order passed u/sec. 147 r.w.s 144B dated 12.05.2023 Bearing ITBA/AST/S/147/2023-24/1052804023(1) issued by the respondent no. 2 for the assessment year 2013-14 herein marked as Annexure-A2. iv) Issue a Writ of Certiorari or direction in the nature of a writ of certiorari quashing the penalty order u/sec. 271 (1) (c) of the act dated 11.01.2024 Bearing Din No. ITBA/PNL/F/271 (1) (c)/ 2023-24/1059638031(1) by the respondent no. 2 for the assessment year 2013-14 herein marked as Annexure-A3. v) Is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d period of twelve months, and on this ground, he submits that the above petition is required to be allowed without prejudice to the other contentions that he has as regards the validity or otherwise of the action taken by the respondents. 4. Sri. M. Thirumalesh, learned counsel appearing for the revenue would submit that the proceedings have been initiated under Section 148 on 29.03.2021 for the assessment year 2013-14 being within time, the assessment order passed on 12.05.2023 would have to be considered to be within time and not beyond time, as contended by the learned counsel for petitioner. 5. The further submission of Sri. Thirumalesh, learned counsel for the respondents is that in view of the relaxation granted under the Taxation Ot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aking applicable the provisio to sub-section (2) of Section 153 requiring the reassessment to be made within twelve months from that date. Thus, I find credence in the submission made by the learned counsel for the petitioner that the reassessment was required to be completed by 31.03.2021. In the present case, the reassessment having been done by way of assessment order dated 12.05.2023 is beyond the period of twelve months indicated above. 10. The submission of Sri. Thirumalesh, learned counsel for the respondents as regards the TOLA , would be applicable to the present case would be liable to be rejected for the simple reason that the said Act was applicable to the period from 01.04.2020 to 30.06.2021. In the present case, the notice hav ..... X X X X Extracts X X X X X X X X Extracts X X X X
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