Refund claim dismissed as time-barred under s.142(5); non-obstante clause read restrictively, merits not decided, self-assessment payments not mere de...
Assessee's project-completion revenue recognition upheld; income addition deleted under Guidance Note/AS-9 and percentage-completion rules as complian...
HC held that the notice issued under s.148 was time-barred and jurisdictionally invalid because the six-year surviving period from the end of the relevant assessment year had expired before issuance; the respondent's contention that a ten-year period applied was rejected. The HC found only two days remained to complete the s.148A(d) process and issue a s.148 notice, which in any event expired before the notice dated 27 July 2022. Consequently the impugned s.148 notice and all subsequent communications including notices under s.142(1) and the related show-cause notice were quashed and set aside as beyond jurisdiction. Other contentions of the petitioner were left open.
HC held that the notice issued under s.148 was time-barred and jurisdictionally invalid because the six-year surviving period from the end of the relevant assessment year had expired before issuance; the respondent's contention that a ten-year period applied was rejected. The HC found only two days remained to complete the s.148A(d) process and issue a s.148 notice, which in any event expired before the notice dated 27 July 2022. Consequently the impugned s.148 notice and all subsequent communications including notices under s.142(1) and the related show-cause notice were quashed and set aside as beyond jurisdiction. Other contentions of the petitioner were left open.
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