TMI Blog2024 (1) TMI 312X X X X Extracts X X X X X X X X Extracts X X X X ..... from 31.3.2021 to 30.9.2021 and this Court stayed the proceedings on 24.2.2021, therefore, from the said date, time to complete the reassessment was available upto 30.9.2021 i.e. total 219 days were available with the department for completing the proceedings. The stay granted on 24.2.2021 remained operative till 13.3.2023 which period is required to be excluded as per the provisions of the Act and after dismissal of the assessee s writ petition on 13.3.2023, the period for completion of the reassessment proceedings is to be counted from 13.3.2023 by adding 219 days which comes to 18.10.2023. Thus, time upto 18.10.2023 is available to the Revenue to complete the reassessment proceedings. In this view of the matter, the stand taken by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed a notice dated 20.03.2020 under Section 148 of the Income Tax Act (for short the Act ) to the petitioner for the Assessment Year 2013-14. The petitioner challenged the said notice dated 20.03.2020 before this Court by filing writ petition which was registered as D.B. Civil Writ Petition No. 3479/2021, wherein by an interim order dated 24.02.2021 this Court stayed further proceedings pursuant to the notice dated 20.03.2020. However, the aforesaid writ petition was dismissed by this Court vide order dated 13.03.2023 in absence of the counsel for the petitioner. 3. It is averred on behalf of the petitioner that as per the provisions of Section 153 of the Act, the limitation for passing the reassessment order after the dismissal of the W ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt case was expiring on 31.3.2021. 8. It is submitted that by virtue of stay order dated 24.02.2021 passed by this Court in D.B. Civil Writ Petition No. 3479/2021, the assessment proceedings remained in currency till its dismissal on 13.03.2023 and the said period from 24.02.2021 to 13.03.2023 was required to be excluded from computation of limitation as stipulated under Explanation 1 (ii) of Section 153 (2) of the Act. It is argued that as per proviso to Section 153 of the Act, immediately after exclusion of the period as per said Explanation 1 (ii), if the period of limitation available to the Assessing Officer for making an order of assessment, reassessment or re-computation is less than sixty days, the same shall be deemed to be exte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t petition, the aforesaid period of 219 days will be available to the department to complete the reassessment and accordingly, the date of completion of reassessment comes to 18.10.2023. Thus, according to learned counsel, the respondents action in passing the impugned notice is perfectly in accordance with law and same does not require any interference by this Court. 12. In the instant case, as per the notification No. 10 of 2021/S.O. 966 (E) dated 27th Feb. 2021, the period for completion of reassessment was extended from 31.3.2021 to 30.9.2021 and this Court stayed the proceedings on 24.2.2021, therefore, from the said date, time to complete the reassessment was available upto 30.9.2021 i.e. total 219 days were available with the dep ..... X X X X Extracts X X X X X X X X Extracts X X X X
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