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TMI Blog2023 (8) TMI 93X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 27.07.2022 under Section 148A(d) of the Act pertaining to the Assessment Year 2014-15. On service of notice, the respondent revenue entered appearance through Senior Standing Counsel and filed a counter-affidavit to resist the writ action. We heard learned counsel for both sides. 2. For convenience, the prayer clause of the petition is extracted below: (I) Issue a writ in the nature of mandamus/ certiorari or any other appropriate writ, order or direction for quashing: (a) the unsigned notice (purportedly) dated 30.06.2021 [served/ dispatched on 16.07.2021] issued under section 148, as it existed prior to substitution vide Finance Act, 2021 w.e.f. 01.04.2021, and now deemed to be notice under section 148A(b) of the Income Tax Act, 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e substantive provisions of the Act; (IV) stay the reassessment proceedings initiated under sections 147/148 vide the impugned notice dated 27 .07 .2022 issued under section 148 of the Act, and/or any other proceedings initiated thereunder for the assessment year 2014-15, during pendency of the present petition; (V) grant ad-interim ex-parte stay in terms of prayer (IV) above; (VI) call for the records of the case from the Respondents; (VII) pass such other order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case". 3. On the first effective hearing, the dispute was crystallized vide order dated 02.12.2022 as follows: "2. This writ petition is directed against the notice dated 30 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tted before us that since the assessment year (AY) under consideration is 2014-2015 and there was a complete disclosure of the purported escaped income; limitation, in the normal course, expired on 31.03.2018. That the transaction in issue, which concerned sale of shares of Taru Promoters Pvt. Ltd. to Peach Impex Pvt. Ltd., was disclosed in the financial statements of the petitioner. The veracity of this plea was sought to be established by referring to the notice issued to the petitioner under Section 133(6) of the Act dated 24.03.2021 and the reply, furnished qua the notice, which is dated 25.03.2021.[See Annexure 'G', page 145 and 150 of the case file]. 6. In any event, according to Mr Jain, since, as noted above, the notice issued und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the other hand, learned Senior Standing Counsel for respondent/revenue in all fairness admitted that according to records, although limitation expired on 30.06.2021, the notice under Section 148 of the Act was dispatched to the petitioner/assessee on 16.07.2021, but further explained that the delay in issuance of the notice occurred on account of technical glitches due to which the notice could not be uploaded on ITBA. 6. The documents annexed as Annexure A to the petition are the notice dated 30.06.2021 under Section 148 of the Act addressed to the petitioner; email communication dated 16.07.2021 regarding delivery of the notice under Section 148 of the Act; and a screenshot of the e-filing portal of the Income Tax Department reflecting ..... X X X X Extracts X X X X X X X X Extracts X X X X
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