2025 (1) TMI 1844

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....ll as a notice dated 30.08.2024 (hereafter the impugned notice) issued under Section 148 of the Act for the Assessment Year (AY) 2016-17. 2. It is the petitioner's case that issuance of notice under Section 148 of the Act for the AY 2016-17 is beyond the period of limitation as more than six years have since elapsed from the end of the relevant assessment year. The learned counsel for the petitioner further contends that the issue involved in the present petition is covered by the decision of this court in Manju Somani v. Income Tax Officer Ward-70(1) & Ors: Neutral Citation: 2024:DHC:5411-DB. 3. The learned counsel appearing for the Revenue submitted that the time period for which a notice could be issued would require to be ascertai....

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....application in this behalf, as to why a notice under Section 148 should not be issued on the basis of information which suggests that income chargeable to tax has escaped assessment in his case for the relevant assessment year and results of enquiry conducted, if any, as per clause (a); (c) consider the reply of assessee furnished, if any, in response to the show-cause notice referred to in clause (b); (d) decide, on the basis of material available on record including reply of the assessee, whether or not it is a fit case to issue a notice under Section 148, by passing an order, with the prior approval of specified authority, within one month from the end of the month in which the reply referred to in clause (c) is receive....

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....ovisions of the said Section would not be applicable in the cases of assessee, where a search was conducted under Section 132 of the Act or the books of account, other documents or assets of the assessee were requisitioned under Section 132A of the Act after 01.04.2021. 7. In terms of Clause (c) of the proviso to Section 148A of the Act, Section 148 would be inapplicable in case where the Assessing Officer (AO) is satisfied, with the prior approval of the Principal Commissioner or Commissioner, that the books of account, assets or documents seized in a search under Section 132 or requisitioned under Section 132A of the Act belong to or contained information relating to the assessee. 8. The Revenue has not filed the counter affidavit d....