2022 (9) TMI 360

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....Akhileshwar Sharma, Advocate for the Respondents. P.C.:- 1. Petitioner challenges the notice dated 26th March, 2021 issued under section 148 seeking to reopen petitioner's assessment for assessment year 2015-16. The reopening statedly is beyond 4 years. 2. At the outset, Mr.Rahul Hakani, learned counsel for the petitioner raises an objection stating that the notice has been issued without....

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....ssessing Officer that it is a fit case for the issuance of such a notice. Learned counsel would submit that in this case the assessment year in question is 2015-16 and the notice is dated 26th March, 2021, which is clearly beyond the period of 4 years and therefore, the satisfaction ought to have been as per section 151 (1), whereas the satisfaction has been as per section 151(2) which is for reop....

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....has relied upon the provisions of the Taxation and other laws, Relaxation of Certain Provisions Act, 2020 (the "Relaxation Act") such that the limitation which was to expire on 31st March, 2020 stood extended to 31^st March, 2021. With this understanding the notice for assessment year 2015-16 has been issued on 26th March, 2021 under an impression that with the extension the reopening would be wit....

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.... that the relevant assessment year is 2015-16 and notice for reopening has been issued on 26th March, 2021 which is beyond a period of 4 years. The satisfaction under section 151 has been issued by the Range 3(3), Mumbai which admittedly is a Joint Commissioner, whereas the satisfaction should have been of either the Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or C....