TaxTMI 
TaxTMI 
2026 (8) TMI 131
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....rned Assessment Unit of Income-tax Department ["AO"] u/s 147 r.w.s. 144 & 144B of Income-tax Act, 1961 ["the Act"] for Assessment-Year ["AY"] 2015-16, the assessee has filed this appeal. 2. The background facts leading to present appeal are as under: (i) The assessee-individual filed her return of income of AY 2015-16 declaring a total income of Rs. 14,840/- u/s 139 which was duly assessed. (ii) Subsequently, on the basis of information in his possession revealing that the assessee along with other co-owners sold immovable property whose capital gain chargeable to tax had escaped assessment, the AO issued initial notice dated 21.06.2021 u/s 148 to re-open assessee's case u/s 147 on the strength of the time-limit extende....
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....cts and circumstances of the case, as well as law on the subject, the learned CIT(A) erred in rejecting the additional evidence produced by the appellant despite existence of sufficient cause for non-production of the same before the learned Assessing Officer. 3) On the facts and circumstances of the case, as well as law on the subject, the learned CIT(A) erred in treating the rural agricultural land sold by the appellant as a capital asset and in applying section 10(37) instead of section 2(14) of the Income Tax Act, 1961. 4) On the facts and circumstances of the case, as well as law on the subject, the learned Assessing Officer and the learned Commissioner of Income Tax (Appeals) erred in applying section 50C of the Inco....
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....otices issued on or after April 1, 2021 will have to be dropped as they will not fall for completion during the period prescribed under the Taxation and other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020." 6. Ld. AR for assessee submitted that following the above decision of Hon'ble Supreme Court in Rajeev Bansal, the Hon'ble Gujrat High Court has also quashed the notices issued by assessing authorities u/s 148 in (i) Mayur Kumar Babubhai Patel Vs. Assistant Commissioner of Income-tax (2025) 176 taxmann.com 25 (Gujrat) and (ii) Sorathia Mahesh Veljibhai HUF Vs. Income-tax Officer (2025) 179 taxmann.com 54 (Gujrat). The relevant paras of Sorathia Mahesh Veljibhai are re-produced below: "8. The matter was carrie....
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....nd set aside the notice issued after 31.03.2021 under TOLA for A.Y. 2015-16 as under: "1. Leave granted. 2. These appeals arise from the order passed by the High Court of Orissa at Cuttack in Writ Petition (C) Nos. 2446 of 2023, 2543 of 2023 dated 1.2.2023 and 2544 of 2023 dated 10.02.2023 respectively by which the High Court disposed of the original writ petitions in the following terms:- "1. The memo of appearance filed by Mr. S. S. Mohapatra, learned Senior Standing Counsel for Revenue Department on behalf of Opposite Parties is taken on record. 2. In view of the order passed by this Court on 1st December, 2022 in a batch of writ petitions of which W.P.(C) No. 9191 of 2022 (Kailash Kedia v. Income Tax ....
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....2021 will have to be dropped as they would not fall for completion during the period prescribed under the taxation and other laws (Relaxation and Amendment of certain Provisions Act, 2020). Nothing further is required to be adjudicated in this matter as the notices so far as the present litigation is concerned is dated 25.6.2021. 6. In view of the aforesaid, in such circumstances referred to above the original writ petition nos. 2446 of 2023, 2543 of 2023 and 2544 of 2023 respectively filed before the High Court of Orissa at Cuttack stands allowed. 7. The impugned notice therein stands quashed and set aside. 8. The relief in terms of prayer (a) is granted. 9. The appeals stand disposed of in the above ter....
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....s were over on 31.03.2022. As observed by the Hon'ble Apex Court in case of Deepak Steel and Power Ltd(supra) and in view of the concession made by the Revenue before the Apex Court for the Assessment Year 2015-16, all the notices issued on or after 01.04.2021 will have to be dropped as they would not fall for completion during the period prescribed under the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 and therefore, nothing further is required to be adjudicated in the matters as the notice so far as the present petitions are concerned, though dated 31.03.2021, admittedly have been issued after 01.04.2021. 16. It is also not in dispute that the notices under section 148A(b) have been issue....