TMI Blog2022 (11) TMI 252X X X X Extracts X X X X X X X X Extracts X X X X ..... nded provisions in Union of India v. Ashish Agarwal [ 2022 (5) TMI 240 - SUPREME COURT] The Supreme Court made a distinction between notices issued on or after 1st April, 2021 and those issued prior thereto. It permitted the proceedings pursuant to notices issued on or after 1st April, 2021 to continue in terms of the amended provisions even while clarifying that the notices issued prior thereto, would have to abide by the provisions as they exist prior to the amendment. This Court in M/s. Ambika Iron and Steel Pvt. Ltd. case [ 2022 (1) TMI 1291 - ORISSA HIGH COURT] quashed notices issued prior to 1st April, 2021 which was beyond the period of six years after the expiry of the AY in question. Thereafter, in an order in Nutan Bhusan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t, 2021 with effect from 1st April, 2021. Section 149 of the Act which specified the time limit for issuance of such notice, as it stood prior to 1st April 2021 reads as under: Section-149 Time Limit for notice (1) No notice under section 148 shall be issued for the relevant assessment year - (a) if four years have elapsed from the end of the relevant assessment year, unless the case falls under clause (b) or clause (c) (b) if four years but not more than six years have elapsed from the end of the relevant assessment year unless the income chargeable to tax which has escaped assessment amounts to or is likely to amount to one lakh rupees or more for that year. 4. In the present case, the outer time limit of six ye ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2021, it is seen from the text of the notice itself that it has been issued more than six years after the closure of the relevant AY on 1st April, 2020 and therefore exceeds the time limits set under Section 149 of the Act. That period has not got extended by the 2020 Act. This was explained by the Supreme Court of India while interpreting the amended provisions in Union of India v. Ashish Agarwal AIR 2022 SC 2781. The Supreme Court made a distinction between notices issued on or after 1st April, 2021 and those issued prior thereto. It permitted the proceedings pursuant to notices issued on or after 1st April, 2021 to continue in terms of the amended provisions even while clarifying that the notices issued prior thereto, would have to a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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