Reopening limitation under section 149: a barred section 148 notice cannot be saved by later exclusion provisions.

The first proviso to the amended limitation scheme in section 149 bars a reopening notice for an assessment year beginning on or before 01.04.2021 if the notice could not have been issued under the unamended section 149(1)(b). Later exclusion provisions in section 149(1) do not revive a notice already hit by that bar. Where the foundation notice under section 148 is time-barred and invalid, any reassessment framed under sections 147, 144 and 144B lacks valid jurisdiction and cannot survive.

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Issues: Whether the notice issued for reopening the assessment was time-barred under the amended limitation scheme and, consequently, whether the reassessment order could survive.

Analysis: The notice under section 148 was issued after the expiry of the time limit available under the unamended section 149(1)(b). The first proviso to the amended section 149 bars issuance of a reopening notice for an assessment year beginning on or before 01.04.2021 if such notice could not have been issued under the old limitation regime. The exclusion provisions in the later provisos to section 149(1) do not extend or save a notice that is already barred by the first proviso. Since the foundation notice itself was invalid, the consequential reassessment order passed under sections 147, 144 and 144B could not be sustained.

Conclusion: The reopening notice was barred by limitation and the reassessment order was quashed for want of valid assumption of jurisdiction.

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