TMI Blog2022 (4) TMI 1561X X X X Extracts X X X X X X X X Extracts X X X X ..... the notice was served on the assessee and not from the notice was 'issued' or 'sent' by the Revenue. In the case in hand, admittedly the notice dated 30.03.2018 has been served on the assessee only on 03.04.2018. If that being so, 03.04.2018 is the date of serving of notice. Therefore, if that date falls in a particular financial year, the limitation starts only after the last date of that financial year. Here in the case in hand, since the notice was served on 03.04.2018, since that falls in the financial year 2018-19, the last date of the financial year being 31.03.2019, the limitation of nine months as contemplated under Section 153(2) of the Act would necessarily start only from 01.04.2019 and not from 01.04.2018 as projected by the learned counsel for the assessee. In this context, the submission made by the learned Standing Counsel for the Revenue is to be accepted. If that being the factual position, certainly the order impugned dated 21.02.2022 passed under Section 147 of the Act is well within the limitation of nine months period and therefore it cannot be stated that it is beyond the period of limitation and hence on that ground it can be assaile ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6. Therefore, on that ground, the petitioner and others in the said batch of cases, unsuccessfully challenged the Section 148 notice. However, accepting the said decision, they cooperated with the Revenue for assessment proceedings under Section 147 of the Act. Thereafter, after completing the assessment, order of assessment has been passed by the Revenue on 21.02.2022 under Section 147 of the Act read with Section 144B of the Income Tax Act. 7. Challenging the said assessment order, the petitioner has filed the present Writ Petition assailing the same on the main ground that the assessment order dated 21.02.2022 is beyond the limitation prescribed under Section 153(2) of the Act. 8. In this context, Mr.T.Pramod Kumar Chopda, learned counsel for the petitioner has stated that, the notice under Section 148 was issued on 30.03.2018. As per the limitation prescribed under Section 153(2) of the Act, the assessment shall be completed and assessment order be passed within nine months from the last date of financial year, wherein notice had been issued. Therefore, since the notice under Section 148 of the Act was issued on 30.03.2018 during the assessment year 2017- 18, the last d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the petitioner assessee on 03.04.2018. When that being so, the said date 03.04.2018 ie., serving date on the assessee falls in the financial year 2018-19, if that being so, the last date of financial year 2018-19 would be 31.03.2019, therefore the limitation would start only from 01.04.2019. If that being so, very well within the limitation of nine months period, as contemplated under Section 153(2) of the Act, since the assessment having been completed, and the assessment order was issued which is impugned herein within that nine months period the same is to be sustained and it cannot be assailed successfully on the alleged ground of violation of the limitation or barred by limitation. Hence, the learned standing counsel would submit that this Writ Petition is liable to be rejected. 14. I have considered the rival submissions made by the learned counsel appearing for both sides and have given my anxious consideration to the legal point raised by both sides. 15. The limitation prescribed for completing the assessment under Section 147 is at Section 153(2) of the Act, which reads thus, No order of assessment, re-assessment or re-computation shall be made under Section 147 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s, 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; (c) if four years, but not more than sixteen years, have elapsed from the end of the relevant assessment year unless the income in relation to any asset (including financial interest in any entity) located outside India, chargeable to tax, has escaped assessment. Explanation. In determining income chargeable to tax which has escaped assessment for the purposes of this sub-section, the provisions of Explanation 2 of section 147 shall apply as they apply for the purposes of that section. (2) The provisions of subsection (1) as to the issue of notice shall be subject to the provisions of section 151. (3) If the person on whom a notice under section 148 is to be served is a person treated as the agent of a non-resident under section 163 and the assessment, reassessment or re-computation to be made in pursuance of the notice is to be made on him as the agent of such non-resident, the notice shall not be issued after the expiry of a period of six years from the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s sufficient that the actions are initiated. There may not be a different interpretation for the word 'issuance'. However, the learned Judge has further stated that, thereafter delivery or receipt of the notice is irrelevant as far as the requirement contemplated under the provisions of the Act, that means Section 149 of the Act. 24. However in the present case, the limitation started from the last date of financial year during which the notice under Section 148 was served on the assessee. The word 'served' has been predominantly and unambiguously used by the legislature, that means, the limitation starts only from the last date of the financial year, wherein the notice was served on the assessee and not from the notice was 'issued' or 'sent' by the Revenue. 25. In the case in hand, admittedly the notice dated 30.03.2018 has been served on the assessee only on 03.04.2018. If that being so, 03.04.2018 is the date of serving of notice. Therefore, if that date falls in a particular financial year, the limitation starts only after the last date of that financial year. Here in the case in hand, since the notice was served on 03.04.2018, since that f ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
