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<h1>Reopening notice under Section 148/148A held time-barred as TOLA relief not applicable to the impugned assessment year</h1> ITAT, Kolkata (AT) held the reopening notice issued under section 148/148A dated 29.07.2022 barred by limitation because the TOLA relaxation ... Validity of reopening of assessment - period of limitation to issue notice - validity of a notice issued u/s 148/148A - scope of Taxation and other laws (Relaxation and Amendment of certain provisions) Act, 2020 (TOLA) application - HELD THAT:- We find that undisputedly, the notice u/s. 148 of the Act was issued on 29.07.2022 which falls beyond the period of limitation as the relaxation granted by TOLA w.e.f. 01.04.2021 to 30.06.2021 is not available in the impugned assessment year as has been held in the case of Rajeev Bansal [2024 (10) TMI 264 - SUPREME COURT (LB)] and thereafter the said decision has been followed in the case of Ibibo Group Pvt. Ltd. [2024 (12) TMI 1269 - DELHI HIGH COURT] We note that the Hon’ble Delhi High Court in the case of Ibibo Group Pvt. Ltd. (supra) held that the reopening of assessment for Ay 2015-16 is not permissible in the extended period as per TOLA on and from 01.04.2021. We also note that Hon’ble Rajasthan High Court [2025 (1) TMI 1528 - RAJASTHAN HIGH COURT] has taken a similar view. We are inclined to hold that the reopening of assessment is barred by limitation and is accordingly quashed. Appeal of the assessee is allowed. Notice u/s 148 dated 29.07.2022 reopening assessment for AY 2015-16 was quashed as time-barred. Return was filed 01.03.2017; initial reopening notice u/s 148 issued 06.04.2021, followed by notice u/s 148A(b) (23.05.2022) and order u/s 148A(d) (29.07.2022). Reliance placed on Union of India v. Rajeev Bansal [2024] 469 ITR 46 (SC) holding that the temporary extension (TOLA) w.e.f. 01.04.2021 does not avail the impugned assessment year; lower courts including the decision in Ibibo Group Pvt. Ltd. and subsequent Coordinate Bench precedents (Orbit Financial Capital; Coplama Products Pvt. Ltd.) and a Rajasthan High Court order were cited. The tribunal held the notice u/s 148 issued on 29.07.2022 'falls beyond the period of limitation' because the relaxation under TOLA is not applicable to AY 2015-16, and followed the view that reopening for AY 2015-16 is not permissible in the extended period. Consequently, the reassessment proceedings were quashed and the appeal was allowed.
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