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2024 (1) TMI 67 - KARNATAKA HIGH COURTReopening of assessment u/s 147 - notice under Section 148A(b) - period of limitation - petitioner has filed reply to such notices contending that she is a permanent resident of Canada and that she and her husband have purchased an immovable property in Bengaluru way back in the year 1996 under the Sale Deed - HELD THAT:- As per the terms of Section 149 notice u/s 148 cannot be issued, after three years have elapsed from the end of the relevant assessment year, unless income chargeable to tax which has escaped assessment is likely to amount to Rupees Fifty Lakh or more, and as such, Sri. E. I. Sanmathi, the learned standing counsel for the respondents, does not contest the third limb of the petitioner’s case as canvassed by Sri. A Shankar. Further, Sri. E.I. Sanmathi, given the details of the payment of the sale consideration as set forth in the Sale Deed dated 13.04.2015, cannot dispute that the entire consideration is received by the petitioner’s husband and because he did not have PAN, the TDS could be uploaded to the petitioner’s PAN. It would be reasonable to opine that the petitioner could only have received 50% of the sale consideration [Income]. The petitioner must succeed, and the petition must be allowed quashing the impugned notices as well as the order. Hence, petition is allowed, and the impugned the Notices issued u/s 148A(b).
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