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Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
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AI Drafter - (New and Powerful) ✕ Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
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Issues: Whether the notice issued for reopening the assessment for assessment year 2015-16 was barred by limitation and, consequently, whether the reassessment order could be sustained.
Analysis: The assessment was reopened under the amended reassessment regime by notice issued on 29-04-2022. The relevant six-year period for issuing notice had expired on 31-03-2022. The extended time limit under the Taxation and Other Laws (Relaxation) Act, 2020 was held to be inapplicable to the assessment year in question. The decision in Union of India v. Rajeev Bansal was relied upon for the proposition that notices issued after the permissible cut-off for assessment year 2015-16 could not survive. On that basis, the notice under Section 148 and the consequential reassessment were held to be without jurisdiction.
Conclusion: The reassessment notice was time-barred and invalid, and the reassessment order was quashed in favour of the assessee.
Final Conclusion: The reopening of assessment failed at the threshold for want of a valid notice, so the additions made in the reassessment did not survive.
Ratio Decidendi: For assessment years governed by the pre-existing six-year limitation, a notice for reassessment issued after expiry of that period is without jurisdiction and cannot be saved by the relaxation granted under TOLA where the extended time limit does not apply.
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