TMI Blog2023 (3) TMI 366X X X X Extracts X X X X X X X X Extracts X X X X ..... on of CBDT Instruction No.01/2022 dated 11th May, 2022, wherein it has been clearly stated that notices in the cases pertaining to assessment years 2013-14, 2014-15 and 2015-16 cannot be issued, if the condition specified u/s 149(1)(b) is not fulfilled namely that income alleged to have escaped assessment should be Rs.50,00,000/- or more. Consequently, as the impugned order under Section 148A(d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dvocate with Ms.Easha Kadian, Advocate for revenue. JUDGMENT MANMOHAN, J (Oral): 1. Present writ petition has been filed challenging the notice dated 7th April, 2021 issued by Respondent No. 1 under Section 148A(b) of the Income Tax Act, 1961 ( the Act ), order dated 29th July, 2022 passed by the Respondent No.1 under Section 148A(d) of the Act, the consequent initiation of rea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessment is below the threshold of Rs.50,00,000/-, yet Respondent No. 1 issued notice under Section 148 of the Act. The relevant extract of the order is reproduced hereinbelow: - 6.10 Similarly as far as transaction amounting to Rs.926187/- with entity M/s Jignesh Shah and concern in the absence of satisfactory evidence the reply is not considered tenable. Considering the discussion above ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessment is less than Rs.50,00,000/-. 4. This Court is of the view that the reopening in the present case is in violation of CBDT Instruction No.01/2022 dated 11th May, .2022, wherein it has been clearly stated that notices in the cases pertaining to assessment years 2013-14, 2014-15 and 2015-16 cannot be issued, if the condition specified under Section 149(1)(b) is not fulfilled namely that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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