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2023 (1) TMI 1330 - CALCUTTA HIGH COURTValidity of order passed u/s 148A - re-assessment proceeding as beyond six years - jurisdiction of AO in issuance of the impugned notice u/s 148 of the Act being barred by limitation u/s 149(1)(a)/149(1)(b) - HELD THAT:- In the impugned order u/s 148A(d) of the Act, the assessing officer has tried to justify the initiation of re-assessment proceeding by relying on an instruction being No. 01/2022 dated 11th May, 2022 issued by CBDT. Admittedly, the issuance of notice and initiation of re-assessment proceeding are beyond six years and, prima facie, it is barred by limitation both under the old Act as well as under newly amended provision relating to Section 147 of the Act. Considering the submission of the parties, it is of the view that this matter deserves adjudication by calling for affidavits from the respondents and the petitioner has been able to make out a prima facie case for an interim order by raising the issue of jurisdiction of the assessing officer concerned in initiating the impugned re-assessment proceeding. Let the respondents file affidavit-in-opposition within four weeks; petitioner to file reply thereto, if any, within two weeks thereafter. The matter shall appear for final hearing in the monthly list of April, 2023. In the meantime, there will be no further proceeding.
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