9911796707
TMI Blog2025 (4) TMI 1490X X X X Extracts X X X X X X X X Extracts X X X X ..... RABLE MR. JUSTICE P. B. BAJANTHRI) In the instant petition, petitioner has prayed for following reliefs:- "i) the notice dated 30.04.2024 (as contained in Annexure-P 6) under Section 148 of the Income Tax Act, 1961 issued by the respondent no. 2 for the Assessment Year 2020-21 beyond the time limit and quantum as prescribed in Section 149 of the Act be quashed. ii) the order dated 30.04.2024 (as contained in Annexure-P 5) under Section 148A (d) passed by the respondent no. 2 for the Assessment Year 2020-21 without consideration of the reply filed be quashed. iii) for granting any other relief(s) to which the petitioner is otherwise found entitled to." 2. Petitioner is income tax assessee for the assessment year 2020-21. Notice was i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4 followed by further action on 30th April, 2024 (Annexure-P5 and P6). He is insisting upon Section 148A(b) of the Act. Notice dated 22.04.2024 is required to be taken note of read with 5th Proviso and 6th Proviso to Section 149(1) of the Act. 4. Combined reading of the aforementioned clauses read with the facts of the case that from the date of second notice dated 22.04.2024 and not 1st notice dated 28.03.2024 is required to be taken into consideration and it is beyond time limit stipulated. 5. Per contra, learned counsel for the respondents- Revenue submitted that time lapses in the present case is on 1st April, 2024. On the other hand, notice was issued on 28.03.2024 and it is within the time limit stipulated. Petitioner had submitted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch earlier to the time-limit stipulated, i.e. within three years. Petitioner's contention that for the purpose of limitation number of days is required to be counted from the date of notice dated 22.04.2024. It is to be noted that notice dated 22.04.2024 was issued (Annexure-P3) pursuant to the petitioner's reply to the notice dated 28.03.2024, i.e. reply dated 31.03.2024. It is necessary to re-produce para 3 to 6 of reply dated 31.03.2024 and it reads as under:- "3. That the petitioner states that he has not any kind of undisclosed income tune of Rs. 33,95,876/-. The information flagged on the insight portal is not correct. 4. That petitioner states that if the income tax department is in possession of such type of information then it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... limits specified under the provisions of 149(1)(b) of the old regime. Thus, a notice could be issued under Section 148 of the new regime for assessment year 2021-2022 and before only if the time limit for issuance of such notice continued to exist under Section 149(1)(b) of the old regime. 49. The first proviso to Section 149(1)(b) requires the determination of whether the time limit prescribed under Section 149(1)(b) of the old regime continues to exist for the assessment year 2021-2022 and before. Resultantly, a notice under Section 148 of the new regime cannot be issued if the period of six years from the end of the relevant assessment year has expired at the time of issuance of the notice. This also ensures that the new time limit of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hree years or less have elapsed from the end of the relevant assessment year; (iii) the proviso to Section 149(1)(b) of the new regime stipulates that the Revenue can issue reassessment notices for past assessment years only if the time limit survives according to Section 149(1)(b) of the old regime, that is, six years from the end of the relevant assessment year; and (iv) all notices issued invoking the time limit under Section 149(1)(b) of the old regime will have to be dropped if the income chargeable to tax which has escaped assessment is less than Rupees fifty lakhs." Reading of the aforementioned decision, it does not assist the petitioner in view of the fact that there was no interpretation of Section 149(1)(a) which provision is in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ause (d) of section 148A is less than seven days, such remaining period shall be extended to seven days and the period of limitation under this sub- section shall be deemed to be extended accordingly." 11. Combined reading of 5th and 6th Proviso, it is crystal clear that delay is required to be taken note of with reference to notice. In the present case notice means first notice issued on 28.03.2024 and it is within the time-limit stipulated and Assessing Officer has jurisdiction. 12. In view of these facts and circumstances, the present writ petition is pre-mature. Accordingly, the present writ petition stands disposed of reserving liberty to the petitioner to participate in the process undertaken by the Revenue in the light of impugned ..... X X X X Extracts X X X X X X X X Extracts X X X X
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