2025 (4) TMI 1698

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.... petition, the petitioner seeks for the following reliefs: (i) Quashing the impugned order dated 31.03.2022 bearing No. ITBA/AST/F/148A/2021- 22/1042295484(1) passed by the 1^st Respondent under S.148A(d) for AY 2015-16 (Annexure-A); (ii) Quashing the impugned notice dated 01.04.2022 bearing No. ITBA/AST/S/148-1/2022- 23/1042416718(1) issued by the 1^st Respondent under S. 148 for AY 2015-16 (Annexure-B); (iii) Quashing the impugned notice dated 08.08.2023 bearing No. ITBA/AST/F/142(1)/2023- 24/1054959809(1) issued by the 2^nd Respondent under Section 142(1) for AY 2015-16 (Annexure-C); and (iv) Pass such other or further order as this Hon'ble Court may deem fit in the facts and circumstances of the case,....

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.... under Section 148 of the I.T. Act on 01.04.2022, beyond the period of limitation and the same has already been held not to be permissible by the Apex Court in Rajeev Bansal's case supra, which reads as under:- "19(e). The Finance Act, ([2021]) 431 ITR (St.) 52) substituted the old regime for reassessment with a new regime. The first proviso to Section 149 does not expressly bar the application of Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020. Section 3 of Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 applies to the entire Income-Tax Act, including Sections 149 and 151 of the new regime. Once the first proviso to Section 149(1)(b) is read with Taxation and Ot....

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....evant assessment year has expired at the time of issuance of the notice. This also ensures that the new time limit of ten-years prescribed under Section 149(1)(b) of the new regime applies prospectively. For example, for the assessment year 2012- 13, the ten-year period would have expired on March 31, 2023, while the six-year period expired on March 31, 2019. Without the proviso to Section 149(1)(b) of the new regime, the Revenue could have had the power to reopen assessments for the year 2012-13 if the escaped assessment amounted to Rupees fifty lakhs or more. The proviso limits the retrospective operation of Section 149(1)(b) to protect the interests of the assesses. 6. Subsequently, in Nehal Ashit's case supra also, the Apex Court rei....