2023 (6) TMI 1221

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....ANDURKAR, J.) 1. Rule. Rule made returnable forthwith and heard the learned counsel for the parties. A challenge raised in this writ petition is to the notice issued by the respondent No. 1 under Section 148 of the Income Tax Act, 1961 (for short, the Act of 1961) dated 30/03/2021. 2. The relevant facts giving rise to the present proceedings are that the petitioner is an individual assessed to income tax with regard to Assessment Year 2015-16. The respondent No. 1 issued notice under Section 148 of the Act of 1961 on 30/03/2021 stating therein that the said Officer proposed to assess/reassess the income/loss of the petitioner for the said Assessment Year and hence called upon the petitioner to submit a return in the prescribed form. It w....

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.... effect from 01/04/2021 and as per the amended provisions, satisfaction of the Joint Commissioner was necessary under Section 151(2). As per the provisions prior to such amendment, prior sanction and satisfaction of the Principal Chief Commissioner of Income Tax was necessary. This was for the reason that notice under Section 148 was proposed to be issued by the Assessing Officer after expiry of period of four years from the end of the relevant Assessment Year. Placing reliance on the decisions in Writ Petition No. 1050/2022 (J M Financial and Investment Consultancy Services Private Limited vs. Assistant Commissioner of Income Tax, Circle 3(2) and Ors.) and Writ Petition No. 7733/2022 (Johnson and Jonson Private Limited vs. Deputy Commissio....

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....we agree with the view expressed by the Principal Commissioner of Income Tax, still it applies to only cases where the limitation was expiring on 31st March 2020. In the case at hand, the assessment year is 2015-2016 and, therefore, the six years limitation will expire only on 31st March 2022. Certainly, therefore, the Relaxation Act provisions may not be applicable. In any event, the time to issue notice may have been extended but that would not amount to amending the provisions of Section 151 of the Act. 7. In our view, since four years had expired from the end of the relevant assessment year, as provided under Section 151(1) of the Act, it is only the Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Comm....