TaxTMI 
TaxTMI 
2026 (3) TMI 618
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....out of the assessment orders dated 16.05.2023 and 18.05.2023, respectively, passed by the Assessment Unit, Income-tax Department (hereinafter referred to as 'the ld. AO') u/s. 147 r.w.s. 144B of the Act for Assessment Year 2015-16. 2. The facts leading to the case is that the first notice under Section 148 of the Act was issued on 28.06.2021 and as per TOLA the extended limitation period was dated 30.06.2021. Therefore, the surviving period was three days from 28.06.2021 to 30.06.2021 and the minimum period available for the AO to issue order u/s. 148A(d) was seven days. 3. Subsequently, after the order passed by the Hon'ble Apex Court in the case of Ashish Aggarwal in Civil Appeal No.3005 of 2002 the said notice was treated as notice....
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....m 188 pronounced on 30.09.2025 by HIGH COURT OF GUJARAT; (ii) Dhanraj Govindram Kella vs ITO [2025] 177 taxmann.com 194 pronounced on 08.07.2025 by HIGH COURT OF GUJARAT; (iii) Shri Vishvamurte Tradeinvest Pvt. Ltd vs ITO vide ITA No. 103 &432/Ahd/2025 pronounced on 27.11.2025 by ITAT Ahmedabad (iv) ITO vs llesh Infracap Pvt. Ltd. vide ITA No. 2114&2115/Ahd/2024 pronounced on 25.11.2025 by ITAT Ahmedabad; (v) DCIT vs Larsen & Toubro Ltd. [2025] 173 taxmann.com 582 dated 07.04.2025 by ITAT Mumbai (vi) Nilanjana Arvinder Singh vs DCIT [2025] 173 taxmann.com 499 dt. 13.03.2025 by ITAT Mumbai 4. The Ld. DR has not been able to controvert such factual aspect. Thus, having regard to the facts involv....
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....SG appearing on behalf of the Revenue had given an undertaking that no notice u/s. 148 shall be issued for AY 2015-16 the contents whereof was duly recorded by the Coordinate Bench while dealing with an identical matter in the case Mohd. Alam Qureshi vs. ITO, ITANo.3986/Del/2025 for AY 2015-16 pronounced on 19.11.2025, which read as under:- "19. Mr. N. Venkataraman, learned Additional Solicitor General of India, made the following submissions on behalf of the Revenue: a. Parliament enacted TOLA as a free-standing legislation to provide relief and relaxation to both the assesses and the Revenue during the time of COVID-19. TOLA seeks to relax actions and proceedings that could not be completed or complied with within the or....
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....itation as explained in the tabulation below: Assessment Year Within 3 Years Expiry of Limitation read with TOLA for (2) Within six years Expiry of Limitation read with TOLA for (1) (2) (3) (4) (5) 2013-14 31.03.2017 TOLA not applicable 31.03.2020 30.06.2021 2014-15 31.03.2018 TOLA not applicable 31.03.2021 30.06.2021 2015-16 31.03.2019 TOLA not applicable 31.03.2022 TOLA not applicable 2016-17 31.03.2020 30.06.2021 31.03.2023 TOLA not applicable 2017-18 31.03.2021 30.06.2021 31.03.2024 TOLA not applicable f. The Revenue concedes that for the assessment year 2015-16, all notices issued on or after 1 April 2021 will have to be dr....
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....sent appeal is AY 2015-16 and notice u/s. 148 was originally issued on 06.04.2021 and later on 29.07.2022 and both the dates are falling on or Mohd. Alam Qureshi vs. ITO after 1st April, 2021, therefore, the reassessment proceedings initiated u/s. 148 of the Act deserves to be dropped in view of the undertaking given by the ASG on behalf of the Revenue before the Hon'ble Supreme Court. Further, for Assessment Year 2015-16, no notice u/s. 148 of the Act could be issued after the expiring of six years from the end of the relevant assessment year which limitation expired on 31 st March, 2022. As the Hon'ble Supreme Court in the case of Rajiv Bansal (supra) has held that TOLA is not applicable for AY 2015-16, therefore, even otherwise u....