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TMI Blog2025 (3) TMI 920X X X X Extracts X X X X X X X X Extracts X X X X ..... nsal [2022 (5) TMI 240 - SUPREME COURT] has made categorical statement at Bar before the Hon'ble Supreme Court that all the notices issued for Asst. Year 2015-16 on or after 1st April 2021 will be dropped, however, in the instant case, no such action has been taken and re-assessment order has been framed in the case of the assessee on the basis of the notice issued u/s 148 of the Act on 25/07/2022. As considering the assessment year involved is 2015-16, notice issued in the case of originally on 30/06/2021 and later on 25/07/2022 which both the dates have fallen on or after 1st April, 2021, therefore, both the notice deserves to be dropped in view of the admission made by the Revenue before the Hon'ble Supreme Court. Further, for Assessmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd circumstances of the case, the Ld. CIT(A) has grossly erred both in law and on fact by confirming the action of the Ld. AO for issuing notice u/s 148 of the Income Tax Act, 1961 as the original notice issued u/s 148 of the Act dated 30.06.2021 was invalid and bad in law as the limitation period to issue notice in the instant case was not covered under the Taxation and Other Laws (Relaxation of Certain Provisions) Ordinance, 2020 thereby making it invalid as the Ld. AO has again issued notice u/s 148 of the Act on 25.07.2022 after Hon'ble Supreme Court's order in Ashish Agarwal case. 3. On the facts and circumstances of the case, the Ld. CIT(A) has grossly erred both in law and on fact by confirming addition of of Rs. 1,92,56,47 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is no concurrent jurisdiction of FAO and JAO to issue a notice/order under the Income Tax Act. As the impugned notice(s) must have been issued by the FAO, the issuance of the impugned notice(s) are' void & illegal and, therefore, liable to be quashed. 7. In view of the facts and circumstances of the case the appellant prays that the additions may kindly be deleted or any other order which this Hon'ble court deems fit and proper be passed including remanding back the appeal to Ld. CIT(A) for fresh adjudication. The above grounds of appeals are independent of, and without prejudice to each other. That the appellant craves leave to add, alter, amend or withdraw all or any grounds herein as may be considered necessary either befor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the notice so issued u/s 148 of the Act dated 25/07/2022 is barred by limitation. According to the time limit provided in the old provisions of section 149 of the Act, notice u/s 148 of the Act could be issued within a period of six years from the end of relevant assessment year which limitation expired on 31/03/2022. In the instant case, the notice u/s 148 of the Act was issued on 25/07/2022, however, the time limit available as per erstwhile section 149 of the Act expired on 31/03/2022 thus is beyond the period of limitation. Ld. AR further submits that during the course of hearing in the case of Union of India & Ors. vs. Rajiv Bansal in Civil Appeal No.8629 of 2024, the Learned Additional Solicitor General of India, Mr. N. Venkataraman h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 'ble Supreme Court that all the notices issued for Asst. Year 2015-16 on or after 1st April 2021 will be dropped, however, in the instant case, no such action has been taken and re-assessment order has been framed in the case of the assessee on the basis of the notice issued u/s 148 of the Act on 25/07/2022. The relevant extract of the assertion made by the Ld. Additional Solicitor General of India before the Hon'ble Supreme Court as reproduced in para 19(f) of the said order is as under: "19. Mr. N. Venkataraman, learned Additional Solicitor General of India, made the following submissions on behalf of the Revenue: a. Parliament enacted TOLA as a free-standing legislation to provide relief and relaxation to both the assesses and the Re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2014-2015, 2015-2016, 2016-2017, and 2017-2018 will be within the period of limitation as explained in the tabulation below: Assessment year (1) Within 3 Years (2) Expiry of Limitation read with TOLA for (2) (3) Within six Years (4) Expiry of Limitation read with TOLA for (4) (5) 2013-2014 31.03.2017 TOLA not applicable 31.03.2020 30.06.2021 2014-2015 31.03.2018 TOLA not applicable 31.03.2021 30.06.2021 2015-2016 31.03.2019 TOLA not applicable 31.03.2022 TOLA not applicable 2016-2017 31.03.2020 30.06.2021 31.03.2023 TOLA not applicable 2017-2018 31.03.2021 30.06.2021 31.03.2024 TOLA not applicable f. The Revenue concedes that for the assessment year 2015-16, all notices issued on or after 1 April 2021 w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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