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.

August 9, 2024

Case Laws Income Tax AT

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.

August 9, 2024

Case Laws Income Tax AT

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...

HC determined the reassessment notice issued on 30.07.2022 was time-barred under Section 149(1). While TOLA provided AO twenty-nine days limitation period from...

The High Court held that the impugned notice issued u/s 148 of the Act was beyond the time limitation prescribed u/s 149(1). The Revenue's contention that the...

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...

HC quashed reassessment notice dated 30.07.2022 for AY 2013-14 as time-barred under s.149(1) of IT Act. Court held that 29-day extension under TOLA required completion...

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...

HC held reassessment proceedings initiated u/s 148 were invalid due to statutory limitation u/s 149. The original notice was set aside for lacking mandatory approvals...

The HC held that the conditions u/s 150 were not fulfilled to invoke Section 148 notice beyond the limitation period u/s 149. No finding or direction in the orders of...

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...

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....

The HC held that the second notice issued u/s 148A(b) was a standalone notice, not a continuation of the first notice. The information on which the notices were based...

The High Court quashed the impugned reassessment notices issued u/s 148, holding that the reassessment action was barred by limitation u/s 149(1) read with the First...

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...

Quick Updates: