2024 (1) TMI 312

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....e/ order dated 27.09.2023 (Annexure-7) issued by the respondent No. 2 and to restrain the respondents from taking any proceedings pursuant to the impugned notice/order. 2. The brief facts of the case are that the respondent Assessing Officer issued a notice dated 20.03.2020 under Section 148 of the Income Tax Act (for short "the Act") to the petitioner for the Assessment Year 2013-14. The petitioner challenged the said notice dated 20.03.2020 before this Court by filing writ petition which was registered as D.B. Civil Writ Petition No. 3479/2021, wherein by an interim order dated 24.02.2021 this Court stayed further proceedings pursuant to the notice dated 20.03.2020. However, the aforesaid writ petition was dismissed by this Court vide ....

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.... order of assessment/ reassessment or re-computation shall be made under Section 147 after the expiry of twelve months from the end of the financial year in which the notice under Section 148 was served, and such period of twelve months in the present case was expiring on 31.3.2021. 8. It is submitted that by virtue of stay order dated 24.02.2021 passed by this Court in D.B. Civil Writ Petition No. 3479/2021, the assessment proceedings remained in currency till its dismissal on 13.03.2023 and the said period from 24.02.2021 to 13.03.2023 was required to be excluded from computation of limitation as stipulated under Explanation 1 (ii) of Section 153 (2) of the Act. It is argued that as per proviso to Section 153 of the Act, immediately af....

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....hich the stay was in currency i.e. from 24.2.2021 to 13.03.2023 is required to be excluded from counting the period of limitation as per the provisions of the Act. Thus, according to learned counsel, from 13.03.2023 when this Court dismissed the writ petition, the aforesaid period of 219 days will be available to the department to complete the reassessment and accordingly, the date of completion of reassessment comes to 18.10.2023. Thus, according to learned counsel, the respondents' action in passing the impugned notice is perfectly in accordance with law and same does not require any interference by this Court. 12. In the instant case, as per the notification No. 10 of 2021/S.O. 966 (E) dated 27th Feb. 2021, the period for completion o....