WHETHER TIME LIMIT FOR NOTICE U/S 148 IS TO BE SEEN WITH BOTH 5TH AND 6TH PROVISO TO SECTION 149(1)?
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Short note of today's case law for quick reference:
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[2024] 461 ITR 368 (Del)
[IN THE DELHI HIGH COURT]
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RAMINDER SINGH
领英推荐
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ASSISTANT COMMISSIONER OF INCOME-TAX
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1.??? Notice u/s 148A(b) was issued on 31.03.2023 and provided the assessee an opportunity to respond to the same on or before 10.04.2023. Notice u/s 148 was issued on 17.04.2023.
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2.??? 2) Before making the assessment, reassessment or re-computation under section 147, and subject to the provisions of section 148A, the Assessing Officer shall serve on the assessee a notice, along with a copy of the order passed, if required, under clause (d) of section 148A
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3.??? 3) The contention that any approval for issuance of the notice is required to be provided 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.
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4.??? Order u/s 148A(d) is to be passed within one month from the end of the month in which 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.
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5.??? Proviso 5 to section 149(1): Provided also that for the purposes of computing the period of limitation as per this section, the time or extended time allowed to the assessee, as per show-cause notice issued under clause (b) of section 148A or the period during which the proceeding under section 148A is stayed by an order or injunction of any court, shall be excluded.
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6.??? Proviso 6 to section 149(1): 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 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.
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7.??? Assessee challenged the notice as time barring.
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8. High court held that notice is within time limits.