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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.S.SUPEHIA, PRANAV TRIVEDI
Powergen Enterprise – Appellant
Versus
Income Tax Officer, Ward- 1 (2)(1), Rajkot – Respondent
JUDGMENT :
A.S. SUPEHIA, J.
1. Rule. Learned Senior Standing Counsel Mr. Maunil G. Yajnik waives service of notice on behalf of the respondents.
2. By way of this petition, the petitioner – assessee has challenged the impugned notice dated 27.05.2022 passed under Section 148 A(b) of the Income Tax Act, 1961 (for short “ the Act”) and the consequential notice under of the Act and assessment order dated 27.07.2022 passed under A(d) of the Act.
3. Brief facts of the case are that the respondent Assessing Officer issued notice dated 26.04.2021 under section 148 of the Act for the Assessment Year 2014-15 during the extended time period as per Taxation and Other Laws (Relaxation of Certain Provisions) Ordinance, 2020 [(2020) 422 ITR (St.) 116] (for short “TOLA”).
4. In view of the decision of Apex Court in case of Union of India and others v. Ashish Agarwal , (2022) 444 ITR 1 (SC), the aforesaid notice was to be treated as notice under section 148A(b) of the Act, which has come into statute with effect from 01.04.2021.
5. The Apex Court in the case of Union of India v. Rajeev Bansal , (2024) 469 ITR 46 (SC) has laid down the law to consider such notice as valid notice or invalid notic
Notices issued under the Income Tax Act for assessment beyond the designated timeframe are invalid, emphasizing the requirement for taxpayer participation in legal proceedings.
Notices issued under section 148 of the Income Tax Act beyond the specified 'surviving time' limit are deemed invalid and thus quashed.
Notices issued beyond the established statutory limitation are invalid and must be quashed, emphasizing compliance with timelines set by legal precedents in tax law.
Notices issued under sections 148 and 148A(d) of the Income Tax Act beyond the specified limitation period are invalid and subject to quashing.
Notices issued for reassessment under the Income Tax Act must adhere to statutory time limits; those issued beyond the time limit are considered invalid.
Notices issued under the Income Tax Act beyond the statutory limitation set by Supreme Court precedents are invalid and must be quashed.
Notices issued under Income Tax provisions after statutory deadlines are invalid and subject to quashing under the Act.
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