2022 (9) TMI 984

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....itioner also challenges the constitutional validity of the Instruction No. 1/2022 issued by the CBDT to the extent it is applicable to Assessment Year 2013-2014 on the ground that the same is against the first proviso to Section 149 of the Act as amended by Finance Act 2021. 2. Learned counsel for the petitioner states that the petitioner is a company who has been granted license for mining and was engaged in mining of stones in State of Rajasthan in the Year 2012-2013. He further states that the Joint Secretary, Department of Mines, Government of Rajasthan, Jaipur raised certain demands against the petitioner, alleging that extra mining had been done by petitioner in the year 2012-2013 (Assessment Year 2013-2014). 3. The petitioner f....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....n-reasoned impugned order. 5. Per contra, learned counsel for the respondent-revenue who appears on advance notice states that the decision of the Supreme Court in Union of India vs. Ashish Agarwal, 2022 SCC OnLine SC 543 read with the time extension provided by Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 (for short 'TOLA') allows extended reassessment notices to travel back in time to their original date when such notices were to be issued and then new Section 149 of the Act is to be applied at that point. 6. He also states that if the submission of the learned counsel for the petitioner is accepted, then it would render the judgment of the Supreme Court in Union of India vs. Ashish Agarwal (sup....