Back
K. R. SHRIRAM, NEELA GOKHALE
Godrej Industries Ltd. – Appellant
Versus
Assistant Commissioner of Income Tax, Circle 14(1)(2) – Respondent
JUDGMENT :
K.R. SHRIRAM, J.
1. This petition challenges show cause notice dated 24th May 2022 issued under Section 148A(b) of the Income Tax Act, 1961 (the Act), order dated 31st July 2022 passed under Section 148A(d) of the Act (the impugned order) and notice dated 31st July 2022 issued under Section 148 of the Act (the impugned notice). According to petitioner the same are without jurisdiction inasmuch as they have been issued without complying with the jurisdictional pre-conditions referred to in Sections 147, 148, 148A, 149 and 151 of the Act.
2. Petitioner has raised the following grounds :
(a). the impugned notice is issued beyond the period of limitation provided for in Section 149 of the Act and hence, the impugned notice is bad in law;
(b). there exists no ‘information’ as the said term is understood in view of Explanation 1 to Section 148 of the Act;
(c). the impugned notice is issued during the pendency of reassessment proceedings pursuant to an earlier notice under Section 148 of the Act dated 21st May 2021 and, therefore, is illegal. The directions given by the Hon’ble Supreme Court in its judgment in Union of India V/s. Ashish Agarwal, (2022) 444 ITR 1 (SC) are not applicab
Reassessment notices u/s 148 issued beyond surviving TOLA time limits post-Ashish Agarwal exclusions are invalid and quashed.
Reassessment notice u/s.148 for AY 2017-18 issued after 3 years with escaped income below Rs.50 lakhs held barred by limitation under first proviso to section 149(1)(b), quashing proceedings.
The issuance of notice under section 148 was ruled invalid as it was beyond the limitation period specified under the previous regime, making the reassessment void ab initio under Income Tax Act.
Notice u/s 148 for AY 2015-16 beyond 6-year old regime limit cannot be issued post-Finance Act 2021; first proviso bars it independently, unaffected by fifth/sixth provisos excluding s.148A time. (32....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
