2025 (11) TMI 1959

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....sment Year 2015-16. 2. Brief facts of the case are that case of the assessee was reopened on the basis of information received that there were larger credits in the bank account of the assessee and there is mismatch in the income declared by the assessee and credits in the bank account and accordingly, notice u/s 148 was issued on 06.04.2021. Thereafter, in terms of the order of Hon'ble Supreme Court in the case of Union of India vs. Ashish Agarwal and Ors. in Civil Appeal No. 3005/2002, the said notice was treated as notice u/s 148A(2) of the Act. After passing the order u/s 148A(d) of the Act, a fresh notice u/s 148 was issued on 29.07.2022. In response, the assessee filed the return on 28.08.2022 declaring total income of Rs. 3,90,....

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.... we condoned the delay in the instant appeal and admit the same for adjudication. 6. Before us, ld. AR for the assessee submits that first notice for reopening u/s 148 of the Act was issued on 06.04.2021 and thereafter in terms of the procedure laid down by the Hon'ble Supreme Court in the case of Union of India vs. Ashish Agarwal (supra), the said notice was treated as the notice issued u/s 148A(b) of the Act. Thereafter the order u/s 148A(d) was passed and fresh notice u/s 148 was issued on 29.07.2022. In the case of Rajiv Bansal vs. Union of India reported in [2024] 469 ITR 46 (SC), the Hon'ble Supreme Court in para 19 has observed that the Revenue has accepted that no notice was issued for reopening for Assessment Year 2015-16, howev....

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....tice u/s 148 was issued on 29.07.2022 to the assessee. The Hon'ble Supreme Court in the case of Rajiv Bansal (supra) in para 9 of the order has observed that the ASG appearing on behalf of Revenue has given an undertaking that no notice u/s 148 would be issued for Assessment Year 2015-16. The relevant observations as contained in para 19 of the said order 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 co....

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....n as explained in the tabulation below: Assessment year (1) Within 3 Years (2) Expiry of Limitation read with TOLA for (2) (3) Within six Years (4) Expiry of Limitation read with TOLA for (4) (5) 2013-2014 31.03.2017 TOLA not applicable 31.03.2020 30.06.2021 2014-2015 31.03.2018 TOLA not applicable 31.03.2021 30.06.2021 2015-2016 31.03.2019 TOLA not applicable 31.03.2022 TOLA not applicable 2016-2017 31.03.2020 30.06.2021 31.03.2023 TOLA not applicable 2017-2018 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 dropped a....