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2022 (11) TMI 252 - HC - Income TaxReopening of assessment u/s 147 - Time Limit for notice - HELD THAT:- As regards the first notice dated 31st March, 2021, it is seen from the text of the notice itself that it has been issued more than six years after the closure of the relevant AY on 1st April, 2020 and therefore exceeds the time limits set u/s 149 of the Act. That period has not got extended by the 2020 Act. This was explained by the Supreme Court of India while interpreting the amended provisions in Union of India v. Ashish Agarwal [2022 (5) TMI 240 - SUPREME COURT] The Supreme Court made a distinction between notices issued on or after 1st April, 2021 and those issued prior thereto. It permitted the proceedings pursuant to notices issued on or after 1st April, 2021 to continue in terms of the amended provisions even while clarifying that the notices issued prior thereto, would have to abide by the provisions as they exist prior to the amendment. This Court in M/s. Ambika Iron and Steel Pvt. Ltd. case [2022 (1) TMI 1291 - ORISSA HIGH COURT] quashed notices issued prior to 1st April, 2021 which was beyond the period of six years after the expiry of the AY in question. Thereafter, in an order in Nutan Bhusan Jena [2022 (5) TMI 1467 - ORISSA HIGH COURT] this Court relied on the Supreme Court judgment in Union of India v. Ashish Agarwal [2022 (5) TMI 240 - SUPREME COURT] and quashed notices u/s 148 of the Act which were issued prior to 1st April, 2021 but beyond the period of six years after the expiry of the relevant AY. Following the above orders, as far as the present case is concerned, inasmuch as the impugned notice dated 31st March, 2021 seeking to reopen the assessment for the AY 2013-14 was issued more than six years after the end of the relevant AY, it is hereby quashed.
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