2024 (11) TMI 320

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.... The petitioner is before this Court seeking for the following reliefs: i) Issue a Writ of Certiorari of direction in the nature of a writ of certiorari quashing the notice under Section 148A (b) of the act dated 26.05.2022 Bearing Din No. ITBA/COM/F/17/2022-23/1043182901(1) issued by the respondent No. 1 for the Assessment year 2013-14 herein marked as Annexure-A. ii) Issue a Writ of Certiorari or direction in the nature of a writ of certiorari quashing the notice under Section 148 of the act dated 21.07.2022 Bearing Din No. ITBA/AST/M/148-1/2022-23/1043971269(1), issued by the respondent No. 1 for the assessment year 2013-14 herein marked as Annexure-A1. iii) Issue a Writ of Certiorari or direction in the nature....

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....tion 148 of the Income Tax Act, 1961 was issued on 29.03.2021. 3. Sri. Arati Agnihotri Tiwari, learned counsel for the petitioner, by relying on the first proviso to subsection (2) of Section 153, would submit that as regards any notices issued post 1st April 2019, the assessment is required to be completed within twelve months of such notice. In the present case, the notice having been issued on 29.03.2021, assessment ought to have been completed by 31.03.2022 being the end of the calendar month. The assessment order, having been passed on 12.05.2023, is beyond the said period of twelve months, and on this ground, he submits that the above petition is required to be allowed without prejudice to the other contentions that he has as regar....

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....on shall have effect, as if for the words "nine months" the words "twelve months" had been substituted] 8. A perusal of sub-section (2) of Section 153 would indicate that assessment, reassessment, or recomputation shall not be made after the expiry of nine months from the end of the financial year in which the notice under Section 148 was issued. The proviso, however, provides that in respect of notices under Section 148 served on or after first day of April 2019, the period of nine months as aforesaid will be substituted by twelve months. 9. In the present case, notice has been issued on 29.03.2021, thereby making applicable the provisio to sub-section (2) of Section 153 requiring the reassessment to be made within twelve months from....