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VIBHU BAKHRU, AMIT MAHAJAN
Raminder Singh – Appellant
Versus
Assisstant Commissioner of Income Tax Circle 52 (1) New Delhi – Respondent
JUDGMENT
Vibhu Bakhru, J.
CM No.44632/2023 (of petitioner for rectification/review of the order dated 07.08.2023)
1. The petitioner has filed the present application seeking review of the order dated 07.08.2023 whereby the above captioned petition was dismissed. The petitioner had filed the above captioned petition challenging a notice dated 17.04.2023 (hereafter `the impugned notice') issued under Section 148 of the Income Tax Act 1961 (hereafter `the Act') for reopening the assessment for the Assessment Year 2019-2020.
2. The impugned notice indicated the transactions forming the basis of income that had escaped assessment, related to supplies from two parties: Milap Advertising and Marketing Private Limited for an aggregate amount of Rs.47,67,772/-; and Angel Enterprises for an aggregate value of Rs.44,80,000/-. In so far as the supplies received from Angel Enterprises are concerned, it was not disputed that the petitioner had provided copies of the ledger account which indicated that the said supplies were booked on 31.03.2018 (Financial Year 2017-2018) and did not pertain to the Assessment Year 2019-2020. However, the expenses relating to supplies from Milap Advertising and Market
The main legal point established is the strict adherence to the time limits and procedural requirements for issuing a notice under Section 148 of the Income Tax Act, as interpreted and clarified by t....
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....
A reassessment notice issued under Section 148 of the Income Tax Act for past assessment years cannot be saved by the fifth and sixth provisos of Section 149 if it violates the time limit restriction....
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.
Section 148 notice for pre-2021 AYs beyond un-amended six-year limit barred by first proviso to Section 149; fifth/sixth provisos exclude 148A time only for amended 3/10-year limits, not extending fi....
The issuance of notice under Section 148A(b) was barred by limitation, violating the requirement for a reasonable opportunity to respond.
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