2024 (5) TMI 1535

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....rior permission of the Commissioner, within a period of three years from the date of the assessment order, amend an assessment, made under subsection (2) or sub-section (3), if he discovers under-assessment of tax, payable by a person for the reason that,- (a) such a person has committed fraud or wilful neglect; or (b) such a person has misrepresented facts; or (c) a part of the turnover has escaped assessment: Provided that no order amending such assessment, shall be made without affording an opportunity of being heard to the affected person." 2. It is submitted by learned counsel for the petitioner that the petitioner had filed its quarterly return for the assessment year 2012-2013. The same was selected for scrutiny and noti....

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....ssued on 19.08.2019, which has been passed after a period of 01 month and 08 days. 5. We find that this was the period of COVID 19, and therefore, the period during COVID 19 has to be deleted for all purposes and thus, the impugned order would come within a period of three year, and is upheld. 6. Learned counsel for the petitioner on facing such a situation wants to argue other points. 7. We are of the view that the said period during Covid 19 i.e 23.03.2020 to 28.02.2022 have to be excluded for the purpose of limitation. It may be noticed that Hon'ble the Supreme Court in Misc. Application No. 21-2022 in Misc. Application No. 665-2021 in Suo Moto Writ Petition ( C) No. 3-2020 took cognizance in March, 2020 for the difficu....

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.... available with effect from 01.03.2022. III. In cases where the limitation would have expired during the period between 15.03.2020 till 28.02.2022, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 01.03.2022. In the event the actual balance period of limitation remaining, with effect from 01.03.2022 is greater than 90 days, that longer period shall apply. IV. It is further clarified that the period from 15.03.2020 till 28.02.2022 shall also stand excluded in computing the periods prescribed under Sections 23 (4) and 29A of the Arbitration and Conciliation Act, 1996, Section 12A of the Commercial Courts Act, 2015 and provisos (b) and (c) of Section 138 of the ....