9911796707
TMI Blog2025 (1) TMI 972X X X X Extracts X X X X X X X X Extracts X X X X ..... ice, the opportunity therefore to be granted to show cause has to be a reasonable opportunity. Merely because the Departmental Officer woke up late and by that time, the period was almost coming to an end, would not be a justification to deprive the noticee of due opportunity. In the opinion of this Court, the action on the part of the AO was in violation to Section 148A(c) of the Act of 1961. This Court finds another reason to interfere. As stated above, the time period for issuance of notice u/s 148 is normally 3(three) years from the end of the relevant assessment year i.e. in the present case upto 31.03.2019, taking into account that for the Assessment Year 2015-16, the period ends on 31.03.2026. In the circumstances, the amount which e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pertinent to mention that the said notice was issued in connection to the Assessment Year 2015-16. 4. A perusal of Annexure A to the said notice dated the 15.03.2022, reveals that information were gathered from the inside portal for the financial year 2014-15, that there were various deposits in the form of TDS statement, time deposit as well as deposit in cash. It further revealed from such information to the Assessing Officer that the income chargeable to tax had escaped assessment for the Assessment year 2015-16, and as such the petitioner was asked to show cause. 5. On 19.03.2022 the petitioner upon receipt of the said notice dated 15.03.2022, submitted a communication on 25.03.2022 and informed the Assessing Officer that since 20.03.20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e records that this Court by an order dated 30.01.2023, issued notice and further stayed the proceedings initiated by the Income Tax Department against the petitioner in connection with the notice under Section 142(1) dated 21.12.2022. The said interim order had been extended from time to time. 9. The record further reveals that an affidavit-in-opposition was filed by the respondent Nos. 2 to 5 on 05.09.2024. From a perusal of the said affidavit-in-opposition, it shows that the Assessing Officer taking into account that the proceedings were getting time barred in view for the Assessment year 2015-16, the last date for issuance of the Notice under Section 148 of the Act of 1961 being 31.03.2022, no adjournment was granted to the request made ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submitted that this is a case of complete non-application of mind and without giving a reasonable opportunity to the petitioner to contest the notice under Section 148A (b) of the Act of 1961 and as such contrary to Section 148A (c) of the said Act. 12. Per contra Mr. S.C. Keyal, the learned Standing Counsel appearing on behalf of the respondents submitted that the question of the initiation of the reassessment proceedings being barred under Section 149 (1)(a) of the Act of 1961 do not arise in view of the categorical findings in the order dated 31.03.2022, wherein the amount which has escaped assessment was Rs. 78,59,057/- (Rupees Seventy Eight Lakh Fifty Nine Thousand Fifty Seven). He however, submitted that the period of limitation in vi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 148 A (d) the respondent No. 3 had categorically arrived at his opinion that income which had escaped assessment was Rs. 78,59,057/- (Rupees Seventy Eight Lakh Fifty Nine Thousand Fifty Seven). 16. This Court further takes note of that the Notice under Section 148A (b) of the Act of 1961 was issued on 15.03.2022, asking the petitioner to submit the reply on 25.03.2022. The said notice was received on 19.03.2022 and thereupon the petitioner did not get a reasonable opportunity in the facts of the case to reply to the same within 25.03.2022. It is under such circumstances, the petitioner sought for an accommodation. Further from a perusal of the affidavit filed by the respondent Nos. 2 to 5, it appears that the respondent No. 3 has d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a justification to deprive the noticee of due opportunity. Therefore in the opinion of this Court, the action on the part of the Assessing Officer was in violation to Section 148A(c) of the Act of 1961. 18. This Court finds another reason to interfere. As stated above, the time period for issuance of notice under Section 148 of the Act of 1961 is normally 3(three) years from the end of the relevant assessment year i.e. in the present case upto 31.03.2019, taking into account that for the Assessment Year 2015-16, the period ends on 31.03.2026. However, in the circumstances, the amount which escaped assessment was likely to amount to Rs. 50,00,000/-(Rupees Fifty Lakh) or more, the extended period for limitation would be for the Assessment Yea ..... X X X X Extracts X X X X X X X X Extracts X X X X
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