9911796707
TMI Blog2025 (1) TMI 1529X X X X Extracts X X X X X X X X Extracts X X X X ..... tion.
The last date to issue the notice u/s 148 in this case was 31.03.2022, whereas, the notices u/s 148A(b) was issued on 29.05.2022 and notice u/s 148 was issued on 28.07.2022. As observed even the said notice dated 28.07.2022 has not been issued to the assessee but in the name of other person. Therefore, the reopening of the assessment is bad in law on both counts.
The notice u/s 148 of the Act in this case is bad in law and therefore, the consequential assessment framed u/s 147 of the Act is bad in law and the same is hereby quashed the appeal of the assessee stands allowed. X X X X Extracts X X X X X X X X Extracts X X X X ..... o show that the same has been issued in the name of another assessee namely Caramel Merchant Pvt. Ltd. Therefore, no valid notice u/s 148 of the Act been issued in the name of the assessee. Moreover, in the name of the said Caramel Merchants Pvt. Ltd. has been written by the AO by hand and no DIN No. etc. has been mentioned in the said notice. It seems that the said notice has not been generated as per the prescribed procedure on the income tax portal rather, the same has been created manually in violation of the provisions of the Income Tax Act and procedure prescribed thereto. Even the said notice is in the name of the same another assessee and not in the name of the assessee hence, the same can not be treated as valid notice. Even the sa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Hon'ble Supreme Court reads as under - 19. Mr N Venkataraman, learned Additional Solicitor General of India, made the following submissions on behalf of the Revenue: (a) to (e)**** (f). The Revenue concedes that for the assessment year 2015-16, all notices issued on or after 1 April 2021 will have to be dropped as they will not fall for completion during the period prescribed under TOLA; ****** 46. The ingredients of the proviso could be broken down for analysis as follows: (i) no notice under section 148 of the new regime can be issued at any time for an assessment year beginning on or before 1 April 2021; (ii) if it is barred at the time when the notice is sought to be issued because of the "time limits specified und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .Y. 2015-16, the Revenue itself has contended before the Hon'ble Supreme Court as noted above, all the notices issued on or after 01/04/2021 will have to be dropped as they will not fall for completion during the period prescribed under TOLA. Here notice u/s. 148 for the A.Y. 2015-16 has been issued on 28/07/2022 which is admittedly barred by limitation under the new provision of Section 149(1) and it is not covered under TOLA. Accordingly, all the notices are quashed being barred by limitation on the reasons given above and we are not going on the reasons given by the ld. CIT (A) for quashing the notice." 8. A combined reading of the above observations of the Hon'ble Supreme Court and the findings of coordinate bench makes it clear t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
