Alternative statutory remedy and unexplained delay barred writ review of customs confiscation adjudication, leaving merits for appellate consideration...
Authorised courier due diligence protects against penalties where declared exports conceal prohibited goods despite proper documentation and customs p...
ITAT set aside reassessment notice u/s 148 dated 28/07/2022 as time-barred. Applying the SC jurisprudence on interplay between pre- and post-TOLA regimes, the Tribunal held that only the balance or "surviving" period available under the Income-tax Act read with TOLA may be used to complete post-deemed-notice steps, including issuance of a fresh s.148 notice. The original notice dated 30/06/2021 operated as a deemed notice; the surviving window ran only from 28/06/2021 to 30/06/2021 (two days). The AO failed to complete s.148A(c)/(d) and issue s.148 within that surviving period after expiry of the assessee's reply deadline, rendering the impugned notice barred by limitation and quashed.
ITAT set aside reassessment notice u/s 148 dated 28/07/2022 as time-barred. Applying the SC jurisprudence on interplay between pre- and post-TOLA regimes, the Tribunal held that only the balance or "surviving" period available under the Income-tax Act read with TOLA may be used to complete post-deemed-notice steps, including issuance of a fresh s.148 notice. The original notice dated 30/06/2021 operated as a deemed notice; the surviving window ran only from 28/06/2021 to 30/06/2021 (two days). The AO failed to complete s.148A(c)/(d) and issue s.148 within that surviving period after expiry of the assessee's reply deadline, rendering the impugned notice barred by limitation and quashed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4826 
Join Channel 
