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2024 (1) TMI 219 - DELHI HIGH COURTValidity of reopening of assessment u/s 147 as time barred - window available to the respondents/revenue for issuance of fresh notices, under the new regime available only between 01.04.2021 and 30.06.2021 - HELD THAT:- Although opportunity was given to file a counter-affidavit, both on 23.05.2023 and thereafter, no counter-affidavit has been filed on behalf of the respondents/revenue. Respondents/revenue, has not brought on record anything that would demonstrate that the impugned issued under Section 148 of the Income Tax Act, 1961 was dispatched on the same date. As indicated what is on record is an email dated 16.07.2021, which is clearly suggestive of the fact that the aforementioned impugned notice was transmitted on the said date to the petitioner. Furthermore, a perusal of the impugned notice dated 30.06.2021 shows that it does not bear the time-stamp or the digital signature of the concerned Assessing Officer (AO). The obvious conclusion that one can arrive at is that the impugned notice was not dispatched on 30.06.2021. Given this position, revenue cannot but accept that the reassessment proceedings are time-barred. The AO could have issued a fresh notice, albeit under the new regime, only between 01.04.2021 and 30.06.2021. Clearly, the circumstances obtaining in the present case are that the impugned notice was issued after 30.06.2021, resulting in the proceedings being rendered time-barred.
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