2026 (9) TMI 1807

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE: 1. For the reasons stated in the application ˗ I.A No.1/2026, the same is allowed. The delay of 52 days in filing the appeal is condoned. 2. The Revenue has filed the present appeal impugning an order dated 24.11.2025 passed by the learned Single Judge in Writ Petition No.4855/2025 [T-IT]. The respondent [Assessee] had filed the said petition impugning a notice dated 30.06.2021 issued under Section 148 of the Income Tax Act, 1961 [Act] in respect of the Assessment Year [AY] 2015-16. The Assessee had also impugned the notice dated 17.05.2022 issued under Section 148A(b) and the order dated 20.07.2022 passed under Section 148A(d) of the Act. The Assessee had also impugned the assessment ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... does not expressly bar the application of TOLA. Section 3 of TOLA applies to the entire Income-tax Act, including Sections 149 and 151 of the new regime. Once the first proviso to Section 149(1)(b) is read with TOLA, then all the notices issued between 1 April 2021 and 30 June 2021 pertaining to assessment years 2013-14, 2014-15, 2015-16, 201617, and 2017-18 will be within the period of limitation as explained in the tabulation below: Assessment year Within 3 years Expiry of Limitation read with TOLA for (2) Within Six Years Expiry of Limitation read with TOLA for (4) (1) (2) (3) (4) (5) 2013-2014 31-3-2017 TOLA not applicable 31-3-2020 30-6-2021 2014-2015 31-3-2018 TOLA not applicable ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ee judge bench decision of this Court in Union of India and Ors. v. Rajeev Bansal, reported in 2024 SCC Online SC 2693, more particularly, paragraph 19(f) which reads thus:- "19. (f) The Revenue concedes that for the assessment year 2015-2016, all notices 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." 5. As the revenue made a concession in the aforesaid decision that is for the assessment year 2015-2016, all notices issued on or after 1st April, 2021 will have to be dropped as they would not fall for completion during the period prescribed under the Taxat....