2023 (7) TMI 1628

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.... Prithu Dudhoria, Adv. The Court: Heard learned advocates appearing for the parties. By this writ petition, petitioner has challenged the impugned order dated 24th April, 2023 under Section 148A(d) of the Income Tax Act, 1961 relating to assessment year 2019-20 on the ground that the same has been passed without approval from the "Specified Authority" as described under Section 151(ii) of th....

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....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 limitatio....

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....or passing an order under clause (d) of section 148A does not exceed seven days, such remaining period shall be extended to seven days and the period of limitation under this sub-section shall be deemed to be extended accordingly. Explanation.- For the purposes of clause (b) of this sub-section "asset" shall include immovable property, being land or building or both, shares or securities, loans an....

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....under Section 148A(d) of the Act. Considering the facts and circumstances of this case it is an admitted position that after taking into consideration the period allowed to the Assessing Officer under the aforesaid fifth and sixth proviso to Section 149(1) of the Act, the impugned order under Section 148A(d) of the Act by excluding the time granted to the petitioner to file response to the noti....