2024 (3) TMI 1496 - HC - Income Tax

Quash of section 148A(d) and 148 notices for limitation, TOLA s.3 and COVID period exclusion

HC held the issue was covered by a recent HC decision and, with respondents' counsel conceding, quashed the impugned orders issued under section 148A(d) ... Period of limitation to issue notice for reopening of assessment - whether notice is issued beyond the period of limitation provided for in Section 149? - applicability of Section 3 of TOLA - exclusion of Covid period - HELD THAT:- The issue in these petitions will be covered by the recent judgment of this Court in Godrej Industries Ltd. [2024 (3) TMI 109 - BOMBAY HIGH COURT] Counsel for respondents agree. Therefore, impugned orders passed u/s 148A(d) and the notices issued u/s 148 of the Act in the respective petitions are hereby quashed and set aside. Consequential notices or orders, if any, also stand quashed and set aside. Petitions disposed. Counsel for petitioners submitted that the issues are covered by the recent decision in Godrej Industries Ltd. v. Assistant Commissioner of Income Tax (judgment pronounced 28 February 2024), which respondents accepted. Consequently, the impugned orders passed under Section 148A(d) of the Income Tax Act, 1961 and the notices issued under Section 148 were 'quashed and set aside.' Consequential notices or orders, if any, also stand quashed and set aside. The petitions were disposed on the ground of limitation only; petitioners are permitted to raise other contentions independently in appropriate matters if required.