Classification of imported salvaged shaft pieces as ship parts confirmed, reassessment time-barred and appeal allowed restoring original classificatio...
Scope of intermediary status for data hosting services: tribunal finds provider not intermediary, services exported and not taxable, limited remand on...
CENVAT credit availability after omission of Rule 12B in textiles confirmed; late addendum to SCN introducing new grounds held time-barred and invalid...
Export of Wheat Flour and related products subject to online allocation, eligibility criteria, non-transferable six-month authorisations and reporting...
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For assessment year 2015-16, a reassessment notice issued under section 148 on 15.04.2022 was held time-barred because it was issued after six years from the end of the assessment year. The Tribunal followed the jurisdictional High Court's view that, for assessment years beginning on or before 01.04.2021, the first proviso to section 149 preserves the earlier limitation bar and the amended ten-year reopening period cannot operate retrospectively to revive a barred case. It also held that the exclusion provisions for time spent in section 148A proceedings do not override that limitation bar. The reassessment was therefore quashed.
For assessment year 2015-16, a reassessment notice issued under section 148 on 15.04.2022 was held time-barred because it was issued after six years from the end of the assessment year. The Tribunal followed the jurisdictional High Court's view that, for assessment years beginning on or before 01.04.2021, the first proviso to section 149 preserves the earlier limitation bar and the amended ten-year reopening period cannot operate retrospectively to revive a barred case. It also held that the exclusion provisions for time spent in section 148A proceedings do not override that limitation bar. The reassessment was therefore quashed.
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