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TMI Blog2024 (7) TMI 1290X X X X Extracts X X X X X X X X Extracts X X X X ..... 61 (for short "The Act"). It is also prayed that the genesis of such order namely the notice dated 4th April, 2022 issued under Section 148 of the Act also be quashed and set aside, being barred by limitation in terms of the provisions of Section 149 of the Act. 3. The primary contention as urged on behalf of the Petitioner is that the impugned assessment order is passed by the Assessing Officer without jurisdiction inasmuch as the impugned notice dated 4th April, 2022 under Section 148 of the Act was issued by the Jurisdictional Assessing Officer, Ward 24 (1) (1), Mumbai ("JAO") contrary to the provisions of Section 151A of the Act which introduces a faceless mechanism for issuance of a notice under Section 148 of the Act. It is contended ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y stood immediately before the commencement of the Finance Act, 2021: Provided further that the provisions of this sub-section shall not apply in a case, where a notice under section 153A, or section 153C read with section 153A, is required to be issued in relation to a search initiated under section 132 or books of account, other documents or any assets requisitioned under section 132A, on or before the 31st day of March, 2021: [Provided also that for cases referred to in clauses (i), (iii) and (iv) of Explanation 2 to section 148, where,- (a) a search is initiated under section 132; or b) a search under section 132 for which the last of authorisations is executed; or (c) requisition is made under section 132A, after the 15t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nction of any court, shall be excluded: Provided also that where immediately after the exclusion of the period referred to in the immediately preceding proviso, the period of limitation available to the Assessing Officer for passing an order under clause (d) of section 148A 30[does not exceed seven days], such remaining period shall be extended to seven days and the period of limitation under this sub-section shall be deemed to be extended accordingly. Explanation.-For the purposes of clause (b) of this subsection, "asset" shall include immovable property, being land or building or both, shares and securities, loans and advances, deposits in bank account. [(1A) Notwithstanding anything contained in sub-section (1), where the income ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oner of Income Tax & Ors. Writ Petition No.1778 of 2023 decided on 03.05.2024., wherein one of the issues which fell for consideration of the Court was "Whether the notice in such case dated 27th August, 2022 issued under Section 148 of the Act was barred by limitation as per the first proviso to Section 149 of the Act?". The Division Bench interpreting such relevant provisions and considering the position of law held that the first proviso to Section 149 of the Act in no uncertain terms provides that no notice under Section 148 shall be issued at any point of time in a case for a relevant assessment year beginning on or before the 1st day of April 2021, if a notice under Section 148 could not have been issued 'at that time' on account of b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 149 read with first proviso to the said section. 6. In the present case, the notice was issued on 4th April, 2022, which is after the expiry of the relevant period which ended on 31st March, 2022. In this view of the matter, it is clear that the case of the Petitioner would stand squarely covered by Section 149 (1) (b) read with the first proviso, and by what has been held by the Division Bench of this Court in the case of Hexaware Technologies Limited (supra). 7. Learned Counsel for the Respondent-Revenue, drawing our attention to the notice dated 22nd March, 2022 issued under clause (b) of Section 148A of the Act, would contend that by such notice appropriate steps were sought to be taken prior to the expiry of the period of limit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sideration of the Division Bench in Hexaware Technologies Limited (supra), wherein the Division Bench framed Question No.4 for consideration to the effect "Whether the impugned notice dated 27th August, 2022 is invalid and bad in law being issued by the JAO as the same was not in accordance with Section 151A of the Act?" . In answering such question, the Court examined the provisions of the faceless assessment of income escaping assessment as provided for under Section 151A and the scheme in that regard notified by the Central Government being Notification dated 29th March, 2022 [Notification No.18/2022/F. No.370142/16/2022-TPL], which provides that the assessment, reassessment or recomputation under Section 147 of the Act and the issuance ..... X X X X Extracts X X X X X X X X Extracts X X X X
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