The above judgement has been passed by Hon’ble Calcutta High court in case of VED PRAKASH MITTAL
VS UNION OF INDIA AND ORS vide order Dt. 26.08.2022.
As we have already discussed in our earlier post’s, Punjab and Haryana High court and Bombay High court have issued interim stay in relation to reassessment notice issued u/s 148 of the Act after 01.04.2021. However, those were interim stay but now Calcutta High court has issued a final order and quashed the notice issued u/s 148 of the Act for AY 2014-15 after 01.04.2021 stating the notice is time barred as per the new provision of section 148.
The relevant text of the judgement is as under:
“By this writ petition, petitioner has challenged the impugned order under Section 148 A(d) of the Income Tax Act, 1961 dated 29th July, 2022, relating to the assessment year 2014-2015 on the ground that the same being without jurisdiction and being barred by limitation since the initiation of re-opening of the assessment has been made admittedly after six years from the end of the expiry of the period of relevant assessment year.
Mr. Roychowdhury, learned Counsel appearing for the respondent is not in a position to contradict the aforesaid factual and legal position.
Accordingly, this writ petition being WPO No. 2450 of 2022 is disposed of by quashing the aforesaid impugned order dated 29th July, 2022.”
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You can read the other court’s judgement as under:
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