TaxTMI 
TaxTMI 
TaxTMI 
2025 (10) TMI 1112
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....or any other appropriate writ, order or direction quashing impugned notice dated 08.06.2021 issued by Respondent No. 1 deemed to be notice under section 148A(b) of the Act, notice dated 18.05.2022, order dated 25.07.2022 passed by Respondent No. 1 under section 148A(d) of the Act, the consequent initiation of reassessment proceedings vide notice issued under section 148 of the Act by Respondent No. 1 on 25.07.2022 for AY 2014-15, DIN intimation letter dated 25.07.2022, prior approval purportedly granted by Respondent No. 2 before passing of order dated 25.07.2022 under section 148A(d) and before issuance of notice dated 25.07.2022 under section 148, prior approval purportedly granted by Respondent No. 3 before issuance of initial notice dat....
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....ssued under Section 148 of the Act on the same date. This petition pertains to the Assessment Year 2014-15. 3. The submission of the learned Counsel for the petitioner is primarily that the notice under Section 148 of the Act has been issued on 25.07.2022 in the name of Park City Infrastructure (P) Ltd. for a different Assessment Year, though, initial notice under Section 148A(b) was issued in the name of petitioner with the correct PAN number and for the Assessment Year 2014- 15. He do concede that the order under Section 148A(d) of the Act, which was passed on 25.07.2022 is in the name of Manish Agarwal, the petitioner herein, with the Assessment Year 2014-15 and the correct PAN number. 4. It is his submission by relying upon the ju....
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.... are barred by limitation, in as much as the initial notice under Section 148 of the Act was deemed to be a show cause notice under Section 148A(b) of the Act in terms of the judgment of the Supreme Court of India in Union of India vs. Ashish Agarwal, 2022 SCC Online SC 543, decided on 08.06.2021 and the surviving period from the date of issuance of deemed show cause notice till expiry of period as extended by Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 (TOLA) shall be from 08.06.2021 till 30.06.2021. He also states that the replies to the show cause notice was filed on 02.06.2022 and 16.06.2022. The said period need to be excluded for the purpose of calculating the surviving period. So if period is ad....
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.... the deemed notices, including issuance of reassessment notices under Section 148 of the new regime. The surviving or balance time limit can be calculated by computing the number of days between the date of issuance of the deemed notice and 30 June 2021. 109. If this Court had not created the legal fiction and the original reassessment notices were validly issued according to the provisions of the new regime, the notices under Section 148 of the new regime would have to be issued within the time limits extended by TOLA. As a corollary, the reassessment notices to be issued in pursuance of the deemed notices must also be within the time limit surviving under the Income Tax Act read with TOLA. This construction gives full effect to t....
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....ng, the assessing officer was required to complete these procedures within the surviving time limit. The surviving time limit, as prescribed under the Income Tax Act read with TOLA, was available to the assessing officers to issue the reassessment notices under Section 148 of the new regime. 112. Let us take the instance of a notice issued on 1 May 2021 under the old regime for a relevant assessment year. Because of the legal fiction, the deemed show cause notices will also come into effect from 1 May 2021. After accounting for all the exclusions, the assessing officer will have sixty-one days [days between 1 May 2021 and 30 June 2021] to issue a notice under Section 148 of the new regime. This time starts ticking for the assessing....
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.... of the aforesaid position of law and also in view of the dates, which have been encapsulated in the chart as submitted by learned counsel for petitioner:, the issue is covered by the Judgment in UOI Vs. Rajeev Bansal (Supra). CHART ENCAPSULATED COMPUTATION OF THE PERIOD OF LIMITATION S.No. Particulars Particulars 1. Assessment Year 2014-15 2. Period of Limitation u/s 149 [3 years or 6 years] 6 years 3. Original Period of limitation u/s 149 31.03.2021 4. Extended period of limitation as per IT Act read with TOLA 30.06.2021 5. Date of original notice u/s 148 - deemed SCN u/s 148A(b) 08.06.2021 6. Time surviving from date of issuance of deemed SCN till expiry of period as extended....