Court Stays Reassessment Notice for 2015-16 Tax Year; Time-Barred Challenge Awaits Detailed Hearing. The HC addressed a challenge to a notice under Section 148 of the Income Tax Act, 1961, for the assessment year 2015-16, on jurisdiction and limitation ...
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The HC addressed a challenge to a notice under Section 148 of the Income Tax Act, 1961, for the assessment year 2015-16, on jurisdiction and limitation grounds. The petitioner argued the notice was barred by limitation under Section 149. The Court found the reassessment proceedings potentially time-barred and ordered a stay, requiring respondents to file an affidavit-in-opposition within eight weeks and a reply within three weeks. No further proceedings were allowed based on the impugned notice until the writ application was resolved. The case was scheduled for a detailed hearing after 11 weeks.
Issues: Challenge to notice under Section 148 of Income Tax Act, 1961 for assessment year 2015-16 on grounds of jurisdiction and limitation.
Jurisdiction Issue: The petitioner challenged the notice dated 28th July, 2022 under Section 148 of the Income Tax Act, 1961, arguing that the assessing officer's jurisdiction was barred by limitation under Section 149(1)(a)/(b) of the Act. The assessing officer attempted to justify the proceeding based on an instruction issued by CBDT, but the initiation of reassessment proceedings was deemed to be beyond the six-year period and prima facie barred by limitation under both old and new amendment provisions of Section 149 of the Act.
Stay Order: The Court, after considering the arguments of both parties, found that the matter required a detailed hearing on merit after the exchange of affidavits. It was observed that denying a stay at this stage could prejudice the petitioner. Therefore, the respondents were directed to file an affidavit-in-opposition within eight weeks, with a reply due within three weeks thereafter. Until the writ application is disposed of, no further proceedings were to take place based on the impugned order dated 28th July, 2022.
Timeline and Proceedings: The Court scheduled the matter to appear before the next available Circuit Bench after 11 weeks. This timeline was set after considering the need for a comprehensive hearing on the jurisdiction and limitation issues raised by the petitioner regarding the notice under Section 148 of the Income Tax Act, 1961 for the assessment year 2015-16.
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