2025 (6) TMI 2127

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.... as 'the Act') for assessment year 2013-14. 2. On hearing both the sides, it comes up that amongst other grounds on merits and also legal grounds, the assessee has raised grounds No. 2 and 3 as follows:- "2. That proceedings initiated u/s 147 read with section 148 of the Act for the instant assessment year are barred by limitation and both the initiation of proceedings and assumption of jurisdiction to frame order of assessment and deserves to be quashed as such. 3. That initiation of proceedings u/s 147 of the Act and assumption of jurisdiction to frame assessment u/s 147/144C(13) of the Act are without satisfying the statutory preconditions provided in the Act and therefore without jurisdiction and deserve to be quash....

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....e Hon'ble Delhi High Court in the case Ram Balram Buildhome (P) Ltd. vs. ITO, 171 taxmann.com 99 (Del) to submit that in similar facts and circumstances, for AY 2013-14, the notice issued was found to be beyond limitation. For the sake of convenience, we reproduce the submissions as follows:- S. No. Particulars Appellant's case Ram Balram Buildhome (P) Ltd. i) Assessment Year 2013-14 2013-14 ii) First notice issued u/s 148 of the Act 24.05.2021 1.6.2021 iii) Surviving time till 30.6.2021 37 days 29 days iv) SCN issued u/s 148A(b) of the Act in pursuance to directions of Hon'ble Apex Court in the case of Ashish Agarwal 28.5.2022 30.3.2022 v) Reply filed on 15.6.2022 13.0....

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....the Act necessarily required to be completed within the period available for issuing notice under Section 148 of the Act, as prescribed under Section 149 of the Act. Thus, the time available to the AO to pass an order under Section 148A(d) of the Act was necessarily truncated and the same was required to be passed on or before 12.07.2022. The fourth proviso to Section 149 of the Act did not come into play as the time period available for the AO to pass an order under Section 148A(d) of the Act was in excess of the seven days. 72. In view of the above, we find merit in Mr. Sehgal's contention that the impugned notice dated 30.07.2022 has been issued beyond the period of limitation. 73. The petition is accordingly allowe....