TMI Blog2023 (9) TMI 985X X X X Extracts X X X X X X X X Extracts X X X X ..... 8A expires, is available to the Assessing Officer to pass an order under clause (d) of Section 148A of the Act only within the rubric of Section 149 of Act, that is, within the overall time available in terms of Section 149(1) of the Act for issuance of a notice under Section 148 of the Act. This is because a notice under Section 148 of the Act which is not accompanied with the order under Clause (d) of Section 148 of the Act would be non-compliant with the Act. And, no such notice can be issued beyond the period as specified under Section 149(1) of the Act. - HON'BLE MR. JUSTICE VIBHU BAKHRU AND HON'BLE MR. JUSTICE AMIT MAHAJAN For the Petitioner Through: Mr. K.R. Manjani Mr. Tarun Aswani, Advs. For the Respondent Through: Mr. Vipul Agrawal, Adv. VIBHU BAKHRU, J. CM No.44632/2023 (of petitioner for rectification/review of the order dated 07.08.2023) 1. The petitioner has filed the present application seeking review of the order dated 07.08.2023 whereby the above captioned petition was dismissed. The petitioner had filed the above captioned petition challenging a notice dated 17.04.2023 (hereafter the impugned notice ) issued under Secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The petitioner s claim that there is no escapement of income from assessment is a matter of merits, which is required to be decided by the Assessing Officer. We are also unable to accept that the notice under Section 148A(b) of the Act is vague or cryptic. The said notice sets out the transactions alleged to have escaped assessment under the Act. The petitioner has also contested the said allegation by providing details of the said transactions. 6. The contention that any approval for issuance of the impugned notice is required to be provided along with the notice is unmerited. However, if the petitioner desires to obtain a copy of the approval, it would be open for the petitioner to apply for the same and the respondent shall provide a copy to the petitioner. 7. As noted above, it is the petitioner s contention that the amount of ₹50,00,000/- has been incorrectly calculated and therefore, the limitation for issuing a notice under Section 148 of the Act is three years from the end of the relevant Assessment Year. According to the petitioner, the impugned notice under Section 148 of the Act was issued beyond the said period of limitation. 8. It is contended on behalf ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e (d) Section 148A of the Act and submitted that the same expressly provides a period of one month from the end of the month in which the time or extended time allowed to the assessee to respond to notice issued under Clause (b) of Section 148A of the Act expires. 14. Clause (d) of Section 148A of the Act is set out below: (d) decide, on the basis of material available on record including reply of the assessee, whether or not it is a fit case to issue a notice under section 148, by passing an order, with the prior approval of specified authority, within one month from the end of the month in which the reply referred to in clause (c) is received by him, or where no such reply is furnished, within one month from the end of the month in which time or extended time allowed to furnish a reply as per clause (b) expires: Provided that the provisions of this section shall not apply in a case where, (a) a search is initiated under section 132 or books of account, other documents or any assets are requisitioned under section 132A in the case of the assessee on or after the 1st day of April, 2021; or (b) the Assessing Officer is satisfied, with the prior approva ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... furnished under section 139 . 16. It is apparent that an order under clause (d) of Section 148A of the Act must precede the issuance of notice under Section 148 of the Act. It follows that although in terms of clause (d) of Section 148A of the Act, the time available to the Assessing Officer to make an order under the said clause is one month from the end of the month in which the time provided to the assessee to respond to a notice under clause (b) of Section 148A of the Act expires; the said order is required to be necessarily passed within the time period available for issuing a notice under Section 148 of the Act. This is so because in terms of Section 148 of the Act, the order under clause (d) of Section 148A of the Act is required to accompany the notice under Section 148 of the Act. 17. Section 149(1) of the Act expressly provides the time limit for issuing the notice under Section 148 of the Act. The relevant extract of the Section 149(1) of the Act is set out below: 149. (1) No notice under section 148 shall be issued for the relevant assessment year, (a) if three years have elapsed from the end of the relevant assessment year, unless the case falls und ..... X X X X Extracts X X X X X X X X Extracts X X X X
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