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K. R. SHRIRAM, NEELA GOKHALE
New India Assurance Company Limited – Appellant
Versus
Assistant Commissioner of Income Tax Circle-3(2)(1) – Respondent
| Table of Content |
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| 1. the scope of judicial review in tax assessments focuses on compliance with statutory procedures. (Para 1 , 2) |
| 2. the issuance of notices under tax law must align with current legal provisions to maintain validity. (Para 21 , 23 , 34) |
| 3. failure to issue a notice within the prescribed time frame invalidates the tax officer's jurisdiction. (Para 24 , 36 , 40) |
JUDGMENT :
K.R. SHRIRAM, J.
1. This petition challenges (i) the notice dated 28th July 2022 issued under Section 148 of the INCOME TAX ACT , 1961 (the Act) seeking to reopen petitioner’s assessment for AY 2013-14, (ii) the order dated 27th July 2022 passed under Section 148 A(d) of the Act, and (iii) Central Board of Direct Taxes (CBDT) Instruction No.1 of 2022 dated 11th May 2022. According to petitioner, the said reopening notice, the order dated 27th July 2022 and the said Instruction are illegal, without jurisdiction, arbitrary, in violation of principles of natural justice, ultra vires the provisions of the Act and hence deserve to be set aside.
2. Petitioner is a Public Sector Undertaking operating under the control of Ministry of Finance, Government of India, viz., respondent no.3. Petitioner is engaged in th
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