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2024 (5) TMI 963 - BOMBAY HIGH COURTValidity of reopening of assessment - scope of section 148A - applicability of provisions existing prior to it’s amendment and impugned notices issued for the Assessment Year 2014-2015, after the amendment to the Finance Act - period of limitation to issue notice after provisions of the new reassessment law introduced by the Finance Act, 2021 - validity of a notice issued under Section 148/148A - scope of Taxation and other laws (Relaxation and Amendment of certain provisions) Act, 2020 (TOLA) application - provisions of the new reassessment law introduced by the Finance Act, 2021 - case of petitioner that the reopening notice under Section 148 ought to have been issued within 6 years from the end of the AY 2013-14 - HELD THAT:- As decided in THE NEW INDIA ASSURANCE COMPANY LIMITED [2024 (1) TMI 803 - BOMBAY HIGH COURT] we are unable to comprehend the contention raised that if the notice dated 30th May 2022 under Section 148A (b) of the Act is valid in terms of Apex Court order in Ashish Agrawal [2022 (5) TMI 240 - Supreme Cour], then the notice under Section 148 of the Act cannot be issued on 31st March 2021 and respondent cannot be expected to do impossible. It has nowhere been urged by petitioner that assessing officer ought to complete the proceedings before the show cause notice under Section 148A (b) of the Act was issued. It is the case of petitioner that the reopening notice under Section 148 ought to have been issued within 6 years from the end of the AY 2013-14. This limitation period, as extended by TOLA, expired on 31st March 2021. However, in the present case, the reopening notice has been issued in July 2022 and, therefore, beyond the statutory time limit. In any case, as stated above, the Hon'ble Supreme Court, while invoking powers under Article 142, consciously and categorically granted liberty to assessees to raise all defences available to the assessee, including the defences under Section 149 of the Act. This specific and express directions cannot be set at naught. Accepting this contention of the Revenue would be a travesty of justice. In the circumstances, in our view, the notice issued under Section 148 of the Act, impugned in this petition, for AY 2013-14 is issued beyond the period of limitation. Also this Court in Godrej Industries Limited [2024 (3) TMI 109 - BOMBAY HIGH COURT] has decided in favour of the Assessee. Thus Writ Petition is allowed. The impugned notices are quashed and set aside.
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