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2023 (3) TMI 1199 - HC - Income TaxReopening of assessment u/s 147 - Validity of order u/s 148A - scope of new enactment of Section 148A - Period of limitation to issue notice issued u/s 148A(b) - notices issued u/s 148 referable to the old regime - HELD THAT:- The point is no more res integra that all original notices under section 148 of the Act referable to the old regime and issued between 01.04.2021 to 30.06.2021 would stand beyond the prescribed permissible timeline of six years from the end of Assessment Year 2013-14 and Assessment Year 2014-15. Therefore, all such notices when they would relate to Assessment Year 2013-14 or Assessment Year 2014-15 would be time barred as per the provisions of the Act as applicable in the old regime prior to 01.04.2021. Furthermore, these notices cannot be issued as per the amended provision of the Act. Revenue was entirely at his receiving end, unable to dispute the position of law holding the field as above. The impugned notice in this petition u/s 148 of the Act relatable to Assessment year 2014- 15 is beyond the permissible time limit, therefore, liable to be treated illegal and without jurisdiction. Since the petition deserves to be allowed on the aforesaid crisp legal ground alone, learned advocates for the parties submitted to agree that facts and other legal issues may not be gone into by the Court. Accordingly, they are neither delineated, nor are gone into.All other questions on facts and of law involved in the reasons weighed with Assessing Officer seeking to reopen the assessment are kept open. As a result, notice dated 30.6.2021 issued by the respondent- Assessing Officer under Section 148 of the Income Tax Act, 1961, seeking to reopen the assessment in respect of Assessment Year 2014-15, Order dated 21.7.2022 passed by the Respondent under Section 148A(d) of the Act, and all consequential actions, as may have been taken, are hereby quashed and set aside.
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