TaxTMI 
TaxTMI 
2025 (4) TMI 2167
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.....Y: 2015-16. ITA No. 81/Mum/2024, A.Y 2015-16 2. At the very outset, we would like to deal with the legal ground raised by the assessee with regard to challenging the reopening of assessment. In this regard Ld. AR submitted that impugned notice of reopening (second round) was issued by the AO dt. 29.07.2022 for the year under consideration and the same is without jurisdiction being barred by limitation. It was submitted that the issue in question is squarely covered by the decision of Hon'ble Supreme Court in the case of Rajeev Bansal 167 taxman 70, wherein the revenue itself conceded before Hon'ble Supreme Court that notices for A.Y 2015-16 issued after 01.04.2021 would be time barred. This view has also been taken by the Coordinate ....
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....r under section 148A(d) issued the notice under section 148 dated 29.07.2022. The contention of the assessee is that the said notice is barred by limitation as per the first proviso to the un-amended provisions of section 149(1) as has been confirmed by the decision of the Hon'ble Supreme Court in the case of Rajeev Bansal (Supra). The relevant observations of the Hon'ble Supreme Court reads as under - 19. Mr N Venkataraman, learned Additional Solicitor General of India, made the following submissions on behalf of the Revenue. (a) to (e)** (f). The Revenue concedes that for the assessment year 201516, all notices issued on or after 1 April 2021 will have to be dropped as they will not fall for completion d....
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....ents for the year 2012-2013 if the escaped assessment amounted to Rupees fifty lakhs or more. The proviso limits the retrospective operation of Section 149(1)(b) to protect the interests of the assesses. 7. This issue of notice under section 148 issued for 2015-16 being time barred is considered by the coordinate bench in the case of Pushpak Realities Pvt. Ltd.(supra) and it is held that ** For the A.Y.2015-16, the Revenue itself has contended before the Hon'ble Supreme Court as noted above, all the notices issued on or after 01/04/2021 will have to be dropped as they will not fall for completion during the period prescribed under TOLA. Here notice u/s. 148 for the A.Y. 2015-16 has been issued on 28/07/2022 which is ad....
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....t is invalid. Since the same has barred by limitation and therefore while ad-hearing to the principles of judicial consistency and following the decision of Coordinate Bench in the case of Manish Financial (supra), we also held that the notice under present case dt. 29.02.2022 u/s 148 of the for A.Y 2015-16 is invalid and is barred by limitation and accordingly the assessment computed u/s 147 of the Act also stands quashed. 6. Since we have already quashed the order u/s 147 of the Act passed on the legal contention of the notice being time barred therefore other contentions raised by the assessee have become academic and do not warrant any adjudication. 7. Accordingly the appeal filed by the assessee is partly allowed. ITA 82/Mum/2....
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....roduced herein below: 14. We heard the parties and perused the material on record. In assessee's case for AY 2016-17 pursuant to the directions of the Hon'ble Supreme Court in the case of Ashish Agrawal, the AO passed an order under section 148(d) of the Act and issued a notice under section 148 on 30.07.2022. From the above observations of the Hon'ble Supreme Court it is clear that the though the prior approval under section 148A(b) and 148(d) were waived in terms of the decision of Ashish Agarwal (supra), for issue of notice under section 148A(a) and under section 148 on or after 1 April 2021, the prior approval should be obtained from the appropriate authorities specified under Section 151 of the new regime. The prov....
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....contention of the assessee that the notice under section 148 for AY 2016-17 is issued without obtaining the prior approval from the appropriate authority. Accordingly we hold that the notice under section 148 is invalid and the consequent assessment under section 147 is liable to be quashed. 16. Since we have already quashed the order under section 147 based on the legal contention of notice being issued without obtaining proper approval, the other legal contentions have become academic not warranting any adjudication. 11. After having gone through the decision cited above, we found that the issue in question is squarely covered in favour of the assessee because as per the decision of Hon'ble Supreme Court the approval for issui....