Notice issued u/s 148 beyond the limitation period prescribed ...

Notice u/s 148 barred if beyond limitation period under erstwhile s.149(1)(b), despite relaxation act (TOLA). First proviso ineffective post Apr 1, 2021.

Case Laws Income Tax

August 9, 2024

Notice issued u/s 148 beyond the limitation period prescribed under erstwhile provisions of section 149(1)(b) is barred by limitation, even after considering the relaxation provided by the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020. The first proviso to section 149 does not enable issuance of notice u/s 148 after April 1, 2021, if it could not have been issued under the erstwhile provisions on the date of impugned notice. The reassessment proceedings are invalid if the notice is issued beyond the extended time limit provided by the relaxation act.

View Source

← Previous Next →

Notice issued u/s 148 beyond the limitation period prescribed ...

Notice u/s 148 barred if beyond limitation period under erstwhile s.149(1)(b), despite relaxation act (TOLA). First proviso ineffective post Apr 1, 2021.

Case Laws Income Tax

August 9, 2024

You may also like:

Reopening of assessment - notice u/s 148 barred by limitation - Though the notice u/s 148(2) was first published in the newspaper on 09.12.2017 which was beyond the...

Period of limitation to issue notice for reopening of assessment u/s 149 - The High court emphasized the principle that the validity of a notice u/s 148 must be assessed...

The High Court held that the reassessment notice issued beyond the period of limitation was invalid and without jurisdiction. The impugned notice itself was illegal, and...

Impugned proceedings u/s 147 were held invalid as the notice u/s 148 was issued beyond the time limit prescribed u/s 149. The Tribunal interpreted the amended provisions...

Reassessment action initiated based on Section 148 notice and subsequent Section 148A(b) notice violated the First Proviso to Section 149(1) and was barred by the...

The High Court held that the notices issued u/s 148 for reassessment on or after April 1, 2021, are barred by limitation u/ss 148 and 149 of the Income Tax Act, 1961....

Reopening of assessment u/s 147 - barred by limitation - in view of express language of 1st proviso to Section 149(1), legislative mandate required that no notice could...

Reassessment proceedings barred by limitation period u/s 149(1)(b) of Finance Act, 2021. Impugned notice u/s 148 dated 15.04.2021 for AY 2015-16 quashed. Consequential...

Notice for reassessment u/s 148 - Bar of limitation u/s 149 - the period of limitation for making assessment/reassessment had already expired long back - department...

Reassessment proceedings initiated beyond statutory time limit prescribed under pre-amended Section 149(1)(b) quashed. Notice u/s 148 issued after expiry of six-year...

Reopening of assessment beyond three years requires sanction from Principal Chief Commissioner of Income Tax, whereas the assessee obtained sanction from Principal...

Validity of reopening of assessment - period of limitation for issuance of notice u/s 148 - It is not the actual communication of the notice that is relevant. It is the...

The High Court held that the notice u/s 148 of the Income Tax Act issued on April 4, 2022, was beyond the prescribed period of limitation, rendering the consequent...

Reopening of assessment u/s 147 - period of limitation - Once the notice under Section 148 of the Act is issued within the period of limitation by despatching the notice...

The High Court held that the Assessing Officer lacked jurisdiction to issue a notice u/s 148 on 25 July 2022 for the assessment year 2013-14, as the limitation period...

Quick Updates: