TaxTMI 
TaxTMI 
2025 (12) TMI 1337
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....ons are inter-connected, hence, the same were heard together and disposed of by this common order for the sake of convenience. 2. First we deal with Assessee's Cross Objection No. 219/Del/2025 (AY 2015-16). 3. At the outset, Ld. Counsel for the assessee stated that the assessee has raised jurisdictional issue in the cross objection no. 219/Del2025 for assessment year 2015-16 that the notice u/s. 148 of the Act is barred by limitation. For this, assessee has only raised the following Ground No. 1 : "That the AO has erred in law and on facts in initiating the reassessment proceeding by issuing notice under section 148 of the Act whereas the same is barred by limitation as specified under section 149 of the Act." 4. Brief fac....
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....d to provide the information and material relied upon the revenue to the assessee for issue of such notice and to provide two weeks' time to the assessee for filing of reply and thereafter to pass order u/s. 148 of the Act or not. For uniform implementation of the aforementioned judgment of the Hon'ble Apex Court, the Hon'ble CBDT issued instruction no. 01/2022 on 11.05.2022 wherein certain directions / instructions were issued to the lower authorities by the Hon'ble CBDT in this regard. 1.5 Following the above referred judgement of the Hon'ble Apex Court and Hon'ble CBDT's instruction, the notice issued u/s. 148 of the Act dated 28.06.2021, was treated as notice to show cause u/s. 148A(b) of the Act and the material underlying was....
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.... Hon'ble Supreme Court finally in the case of Rajiv Bansal (supra), he has not controverted the same. The Hon'ble Supreme Court in the case of UOI vs. Rajeev Bansal (Supra) has observed as under:- * Regarding period of limitation of issuance of statutory notice us 148 of the new law, it has been stated that in view of third proviso to section 149 of the new law, the period between date of issuance of original notice issued us 148 of the old law and due date or extended due date of filing of response to communication issued by assessing officer in pursuance of judgement of Hon'ble Apex Court in the case of UOI vs. Ashish Agarwal (Supra) shall be deemed to be excluded from the period of limitation for issuance of notice u/s 148 o....
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....thin the time limit surviving under the Income Tax Act read with TOLA. All notices issued beyond the surviving period are time barred and liable to be set aside. 6. Since the notice u/s. 148 dated 30.06.2021 is beyond the period of 6 years, hence, this issue is squarely covered by the decision of the Hon'ble Supreme Court of India in the case of UOI vs. Rajeev Bansal (supra), accordingly, we hold that consequent reassessment and the order of the CIT(A) both are bad in law and therefore, the same are hereby quashed. 7. In the result, the cross objection filed by the assessee stands allowed. 8. As regards Revenue's Appeal No. 1758/Del/2025 is concerned, since we have already decided the Assessee's cross objection on the jurisdictiona....
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....1 of the Act which reads as under:- "151. Sanction for issue of notice - Specified authority for the purposes of section 148 and section 148A shall be - (i) Principal Commissioner or Principal Director or Commissioner or Director, if three years or less than three years have elapsed from the end of the relevant assessment year; (ii) Principal Chief Commissioner or Principal Director General or Chief Commissioner or Director General, if more than three years have elapsed from the end of the relevant assessment year: Provided that the period of three years for the purposes of clause (i) shall be computed after taking into account the period of limitation as excluded by the third or fourth or fifth provisos ....