Reassessment Notice Under Sections 148 and 148A Quashed as Time-Barred Applying Surviving Period Doctrine and TOLA

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....HC examined reassessment proceedings initiated under ss. 148 and 148A (new regime) in light of the SC ruling in Rajeev Bansal and the effect of TOLA and Ashish Agarwal. Applying the "surviving period" doctrine, HC held that, after excluding the periods mandated by SC for deemed stay and for assessee's reply, only one day remained for completion of s.148A(d) proceedings and issuance of a valid s.148 notice, which expired on 9.06.2022. The impugned notice dated 25.07.2022 was therefore held to be time-barred. HC rejected Revenue's contention that non-filing of reply extinguished limitation, and quashed the reassessment notice and consequent proceedings.....