2023 (3) TMI 412 - HC - Income Tax

Rajasthan HC deems notice under Section 148 time-barred, grants stay.

The Rajasthan HC held that the notice issued to the petitioner under Section 148 for the assessment year 2014-2015 was without jurisdiction due to being ... Validity of reopening of assessment - notice time barred under the unamended provision - HELD THAT:- As per first proviso to Section 149 of the Income Tax Act, the impugned notice dated 22.7.2022 issued to the petitioner under Section 148 for the assessment year 2014- 2015 is without jurisdiction because it was already time barred under the unamended provision. As submitted identical controversy, the Calcutta High Court as well as Punjab High Court and the Division Bench of this Court at Jaipur have passed interim orders. Issue notice of the writ petition as well as stay application to the respondents. Rule is made returnable in four weeks. In the meantime, further proceedings as a consequence of the impugned notice dated 22.7.2022 (Annexure-11) shall remain stayed. The Rajasthan High Court ruled that the notice issued to the petitioner under Section 148 for the assessment year 2014-2015 was without jurisdiction as it was time-barred. The court issued notice of the writ petition and stay application to the respondents, with further proceedings stayed in the meantime.