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2023 (6) TMI 1134 - HC - Income TaxReopening of assessment - validity of order u/s 148A(d) - as argued since limitation had not expired at the relevant point in time, the notice issued u/s 148A(b) is sustainable, notwithstanding reference, as contended by to the judgment of the Supreme Court in Ashish Aggarwal’s case[2022 (5) TMI 240 - SUPREME COURT] HELD THAT:- As notice issued u/s 148A(b) cannot be declared as being untenable in law, since even according to Mr. Jain, the limitation qua AY 2019-20 would have expired only on 31.03.2023. Merely because there is a reference to the judgment of Supreme Court in Ashish Aggarwal’s case, which according to Mr Jain would not apply qua the AY in issue, would have render the notice untenable, as it is common case of counsel for parties that after 01.04.2021, notices could have issued only under the new regime. Petitioner cannot but accept that the notice dated 23.05.2022 has been issued under the new regime, i.e., under Section 148A(b) of the Act. However Petitioner argument carry weight insofar as the second aspect is concerned, i.e., that since proceedings on the very same aspects have been dropped in other AYs, that aspect required attention of the AO. Since according to Petitioner assessment order has not been passed, the assessing officer will advert to the record of the earlier assessment years before passing the assessment order. As rule of res-judicata does not apply, i.e., that each assessment year is different. That being said, if the reasons for reopening are consistently similar or same, the assessing officer needs to apply the principle of consistency before passing the assessment order. [See Radhasaomi Satsang v CIT (1991 (11) TMI 2 - SUPREME COURT)] AO will issue a notice to the petitioner which would indicate the date and time of the hearing. AO will pass a speaking assessment order wherein the aforementioned aspect would be dealt with, i.e., that assertion that assessments have been completed for the AYs 2018-19 and 2020-21, involving aspects which are subject matter of the AY in issue.
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