TaxTMI 
TaxTMI 
2022 (9) TMI 883
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....primarily challenges the constitutional vires of Instruction No.1/2022 dated 11th May, 2022 issued by the CBDT. The relevant portion of CBDT Instruction No.01/2022 is reproduced hereinbelow:- "Subject: Implementation of the judgment of the Hon'ble Supreme Court dated 04.05.2022 (2022 SCC OnLine SC 543) (Union of India v. Ashish Agarwal)- Instruction regarding ....... 6.0 Operation of the new section 149 of the Act to identify cases where fresh notice under section 148 of the Act can be issued: 6.1 With respect of operation of new section 149 of the Act, the following may be seen: xxx xxx xxx * Hon'ble Supreme Court has upheld the views of High Courts that the benefit of new law shall be made available even in respect of proceedi....
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....o Section 149 provides that no case can be reopened for any assessment year beginning on or before 1st April, 2021 if such notice could not have been issued at that time on account of being beyond the time limit specified under old Section 149(1)(b). 3. He further states that the time limit for reassessment under old Section 149(1)(b) was six years from the end of the Assessment Year which means that cases for Assessment Year 2013-14 and prior cannot be reopened under clause (b) of Section 149(1) as they have already become time barred on 31st March, 2020. 4. Learned counsel for the petitioner states that three High Courts have stayed the Section 148 notices on the ground of limitation. 5. Per contra, learned counsel for the respondent-r....
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....elapsed from the end of the relevant assessment year, unless the case falls under clause (b) and clause (c); (b) if four years, but not more than six years, have elapsed from the end of the relevant assessment year unless the income chargeable to tax which has escaped assessment amounts to or is likely to amount to one lakh rupees or more for that year; ..." 7. The time limit for issuing notice under unamended Section 149 which was falling between 20th March, 2020 and 31st March 2021 was extended by Section 3 of TOLA read with Notification No. 20/2021 dated 31st March, 2021, and Notification No. 38/2021 dated 27th April, 2021, until 30th June, 2021. The initial notice in the present proceedings was issued on 23rd June, 2021 i.e. extend....