Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2021 (7) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (7) TMI 964 - HC - Income TaxValidity of Reopening of assessment u/s 147 - expiry of time limit for making reopening of assessment under Section 148 - Assessee stating that the reopening is done beyond the period of six years and therefore, the impugned notice under Section 148 is without jurisdiction - HELD THAT:- The respondent in vide letter dated 14.11.2011 has stated that the reassessment proceedings were initiated for issuance of notice under Section 148 on 07.03.2011 and was served to the petitioner assessee on 16.03.2011.This was well before the expiry of time limit for making reopening of assessment under Section 148 of the Act. Accordingly, notice shall be deemed to be a valid notice. The petitioner is bound to submit their objections, if they have chosen to do so. In the event of filing any such objections, same are to be considered by the respondents and the same is to be disposed of by passing a speaking order as per the directions of the Hon'ble Supreme Court in the case of GKN Driveshafts India Ltd., vs ITO [2002 (11) TMI 7 - SUPREME COURT] Even before submitting the objections on the reasons furnished for reopening of assessment, the petitioner filed the writ petition on the ground that reopening of assessment is made beyond the period of six years and therefore, the respondent has no jurisdiction. Respondents have categorically stated in their letter dated 14.11.2011 for the impugned notice under Section 148 was issued on 07.03.2011 and it was served to the assessee on 16.03.2011. The last date for reopening of assessment was 30.03.2011 and thereafter the impugned notice of reopening of assessment is well within the period of six years. In these circumstances, the petitioner has to avail the opportunities to be provided under the provisions of the Act. - Decided against assessee.
|