2026 (7) TMI 1647

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....hani for the respondent. 2. This petition is filed under Article 226 of the Constitution of India challenging the order under Section 148A(d) of the Income Tax Act, 1961 (for short "the Act") dated 29.07.2022, notice under Section 148 of the Act dated 29.07.2022 and consequential reassessment proceedings under Section 147 of the Act on the ground that the notice would be invalid and time barred. 3. Brief facts of the case are that the respondent Assessing Officer issued notice dated 24.06.2021 under Section 148 of the Act for the Assessment Year 2014-2015 during the extended time period as per Taxation and Other Laws (Relaxation of Certain Provisions) Ordinance, 2020 [(2020) 422 ITR (St.) 116] (for short "TOLA"). 4. In view of the ....

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.... TOLA by the Revenue and thereafter date of supplying information to the assessee and date of passing of order under section 148A(d) and date of issuance of notice under section 148 of the Act so as to consider whether issuance of notice under section 148 of the Act is within 'surviving time' as per the direction of Hon'ble Apex Court in case of Rajeev Bansal (supra) or not. 66. So far as Assessment Years 2013-2014 and 2014-2015 are concerned, the period of three years from the end of the assessment year would be over prior to 20.03.2020 and the period of six years would be over between 20.03.2020 and 30.06.2021. Therefore, the notices issued under section 148 of the Act under old regime between 01.04.2021 and 30.06.202....

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.... of reply:- Date of order under section 148A(d) and notice under section 148:- Last date for issuance of notice under section 148 as per surviving time:- 6387/2023 09.06.2022 04.06.2022 29.07.2022 22.06.2022 5688/2023 06.06.2022 - 27.07.2022 27.06.2022 22260/2022 07.06.2022 06.07.2022 30.07.2022 14.06.2022 996/2023 11.06.2022 10.06.2022 19.07.2022 18.06.2022 68. It is apparent from the above details section beyond time' Hon'ble Rajeev that impugned notice under 148 of the Act is issued the period of 'surviving as per the direction of Apex Court in case of Bansal (supra)and therefore, such notices would be invalid notices. 69. The impugned notices....

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.... Section 148A(d) of the Act, Notice under Section 148 of the Act dated 29.07.2022 and consequent reopening proceedings would be invalid as the said notice is issued after 16.06.2022 as per the decision of the Apex Court in the case of Ashish Agarwal (supra). Therefore, the impugned notice having been issued beyond the 'surviving time' would be invalid notice as held by the Apex Court in the case of Rajeev Bansal (supra) in the following paragraph No.114 (g) and (h) of the judgment: "114. In view of the above discussion, we conclude that: xxx (g) The time during which the show-cause notices were deemed to be stayed is from the date of issuance of the deemed notice between April 1, 2021 and June 30, 2021 till the sup....