Re-assessment proceedings beyond the limitation prescribed under the new law : Notice u/s 148 and order u/s 148A(d) for AY 2018-19 quashed by Delhi High Court

 

There is a landmark order by the Delhi High Court in the case of Ekaksh Commerce Pvt ltd Vs ITO in WPO No 2522 of 2022 vide its order Dated 8th September 2022.

 

The issue was with regard to validity of the notice u/s 148 and order u/s 148A(d) dated 27th April, 2022 for AY 2018-19.

Delhi High Court has quashed the Notice u/s 148 and order u/s 148A(d) dated 27th April, 2022 for AY 2018-19 in view of limitation as prescribed u/s 149(1)(b) as the amount involved was Rs 36,98,550/- being less than Rs 50 lacs.

The Calcutta High Court in this short judgement quashed the notice u/s 148 and order u/s 148A(d) in view of the proceedings being beyond the limitation prescribed under the new law where it is only when the amount involved is more than Rs 50 lacs that notice u/s 148 can be issued beyond three years and the notice u/s 148 having been issued on 27/4/2022 which is more than three years from the end of the assessment year being AY 2018-19, the court took no-time to give relief.

This is a welcome decision which will be helpful to many. The copy of the order is under:

 

Re-assessment proceedings beyond the limitation prescribed under the new law : Notice u/s 148 and order u/s 148A(d) for AY 2018-19 quashed by Delhi High Court