Bombay High Court also stays the reassessment preceding beyond 6 Years- An interim relief Granted

 629 total views

Bombay High Court also stays the reassessment preceding beyond 6 Years- An interim relief Granted

 

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.

 

Recently, the Bombay High Court stays reassessment proceedings for AY 13-14 sought to be continued under the new reassessment regime in pursuance of the decision of Hon’ble Supreme Court in Ashish Agarwal(Civil Appeal No. 3005/2022).

 

The High Court recorded the contention of the Petitioner that notice dated 7th April, 2021 issued under Section 148 which is now deemed to be a notice u/s 148A(b) of the Act, is unsustainable in law in as much as it is issued after the expiry of limitation of six years prescribed in the old regime, and hence barred in terms of the first proviso to Section 149 of the Act.

 

The court observed as under:

  1. Learned counsel for Petitioner states that the impugned notice dated 7th April, 2021 issued under Section 148 of the Act is unsustainable in law and in as much as it is issued after expiry of a period of six years prescribed in terms of the first proviso to Section 149 of the Act.

 

  1. List on 10th October, 2022.

 

  1. In the meantime, ad-interim relief granted earlier shall continue to operate till the next date.

 

The copy of the order is as under:

 

 

Bombay High Court also stays the reassessment preceding beyond 6 Years- An interim relief Granted

Leave a Comment

Your email address will not be published.

the taxtalk

online portal for tax news, update, judgment, article, circular, income tax, gst, notification Simplifying the tax and tax laws is the main motto of the team tax talk, solving