Reassessment proceeding beyond 6 Years stayed by Calcutta High Court as an interim relief

The litigation post Ashish Kumar Agarwal judgement by the Supreme Court would still continue in view of the time limit prescribed under the new reassessment proceeding. Here is an interesting case before Calcutta High Court.

 

The petitioner has challenged the order issued under Section 148A(d) of the Income Tax Act of 1961 for the assessment year 2014-15, as well as all subsequent proceedings based on the notice issued under Section 148 of the Income Tax Act of 1961.

The  petitioner has challenged the impugned order dated 30th July, 2022 under Section 148A(d) of the Income Tax Act, 1961 relating to assessment year 2014-15, and, all subsequent proceedings based on the impugned notice dated 29th June, 2021 under Section 148 of the Income Tax Act, 1961, mainly on the ground of jurisdiction of the assessing officer in issuance of the impugned notice under Section 148 of the Act being barred by limitation under Section 149(1)(b) of the Income Tax Act, 1961.

The court stayed the proceedings and held that, in the meantime, there would be no further proceedings on the basis of the order till the disposal of WRIT.

The court observed as under:

“Considering the submission of the parties, I am of the view that this matter deserves adjudication by calling affidavits from the respondents and I am also of the view that the petitioner has been able to make out a prima facie case for an interim order by raising the issue of jurisdiction of the assessing officer concerned in initiating the impugned re-assessment proceeding. Let the respondents file affidavit in opposition within four weeks; petitioner to file reply thereto, if any, within one week thereafter. The matter shall appear for final hearing in the monthly list of November, 2022.”

The copy of the order is as under:

Reassessment proceeding beyond 6 Years stayed by Calcutta High Court as an interim relief