Taxontips
No Result
View All Result
Sunday, June 8, 2025
Login/ Register
  • Home
  • Income Tax
    • Income Tax Return
    • Tax Notice/ Personal consultation
    • Compliance Notice
    • Faceless Assessment
  • GST
    • GST Registration
    • GST Consultation
  • News
    • Income Tax News
    • GST news
    • Budget News
    • Business & Other News
  • Q & A
  • About us
  • Contact us
Talk to an Expert
  • Home
  • Income Tax
    • Income Tax Return
    • Tax Notice/ Personal consultation
    • Compliance Notice
    • Faceless Assessment
  • GST
    • GST Registration
    • GST Consultation
  • News
    • Income Tax News
    • GST news
    • Budget News
    • Business & Other News
  • Q & A
  • About us
  • Contact us
No Result
View All Result
Taxontips
No Result
View All Result

Interim stay granted by Bombay high court in relation to notice u/s 148 issued for AY 2013-14 [Read order]

Income tax Expert by Income tax Expert
August 29, 2022
in Case Laws, Income Tax News
3
Education cess is tax deductible and cannot be disallowed u/s 40(a)(ii) of the Income Tax Act – Bombay HC
125
SHARES
1.6k
VIEWS
image_pdfPDFimage_printPrint

Background of this case law:

Ministry has amended section 148 of the Income Tax Act, wherein new procedure and time lines were defined under the Income Tax Act to conduct re-assessment proceedings.

The new procedure was made effective from 01.04.2021. However, Income Tax department had still issued notice u/s 148 after 01.04.2021 in the old procedure and it was challenged by many assessee in different High Courts. Summary of the same is as under:

  • Allahabad High court Order
  • Rajasthan High Court Order
  • Delhi High Court Order
  • Rajasthan High court Division bench Order
  • Calcutta High Court Order
  • Madras High Court

 

After the above judgement’s by various High court’s the case finally went before Hon’ble Supreme court wherein the hon’ble court has issued the judgement in favor of Revenue and interpreted the implementation of this new provision of section 148 of the Act and how to deal with the notices issued after 01.04.2021 under old provisions.

To read the full judgement of Hon’ble Supreme court CLICK HERE: Supreme court Judgement on controversial issue of notice u/s 148 issued after 01.04.2021 passed in favor of Revenue | Detailed analysis of full judgement – Taxontips

 

After the above judgement CBDT had issued instructions to the Income Tax Department and guided as to how to issue notices for various years.

The detailed post on such instructions by CBDT are as under: Instructions issued by CBDT in response to judgement passed by Hon’ble Supreme court in case of notice issued u/s 148 after 01.04.2021 – Taxontips

 

The above instructions are the root cause of the below mentioned case of Punjab and Haryana High court wherein it has been challenged that Income tax department cannot issue notice u/s 148 after the order of Hon’ble Supreme court and same view was presented by our author CA Naman Maloo in both the posts mentioned above.

 

Now let’s discuss the interim order or interim stay provided by Hon’ble Bombay High Court which is as under:

 

“1. Issue notice. Mr. Ajeet Manwani, learned counsel waives service for the Respondents. Objections be filed in six weeks.

2. 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.

3. List on 10th October, 2022.

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

 

In the above judgement the court has accepted the initial plea of the petitioner i.e. assessee and has been granted interim stay in case of assessee in relation to 148 proceedings initiated under new provision of Income Tax act after 01.04.2021 as per instructions of CBDT.

 

To read the full judgement of Punjab and Haryana High Court CLICK ME.

 

Punjab and Haryana High Court has also provided interim stay in this regard. To read the order CLICK ME.

 

You can book phone consultation/ assistance online with expert as mentioned below:

To book ITR filing with experts CLICK ME.

To book phone consultation with experts for any Income tax related matters CLICK ME.

To book consultation for Faceless Assessment with experts CLICK ME.

To book phone consultation with experts for GST related matters CLICK ME.

To book general phone consultation with expert CLICK ME.

 

Connect with us on: LinkedIn, Telegram, Instagram, Facebook, Twitter and Youtube for regular Updates.

image_pdfPDFimage_printPrint
Tags: 148 noticeincome tax judgementIncome tax updateslatest income tax judgementlatest supreme court judgementsupreme courtSupreme court judgementsupreme court ordertaxontips
Previous Post

Non-availability of LLP Version 3 of the MCA Portal and Company e-Filings on V2 portal for 9 forms from 27th Aug to 28th Aug

Next Post

Calcutta High court quashes proceedings u/s 148 for AY 2014-15 after 01.04.2021 stating the same as time barred [Read order]

Related Posts

Tatva Chintan Pharma Chem Limited IPO details and capital gain tax on selling IPO allotment | Capital gain on IPO
Case Laws

ITAT Mumbai: Capital Gains on Indian Mutual Funds Not Taxable in India for Non-Residents under DTAA [Case law]

May 2, 2025
Guidelines for manual selection of returns for Complete Scrutiny during the financial-year 2019-20-
Income Tax News

No relief under section 87A for capital gain even after date extended to file revised return for AY 2024-25?

April 1, 2025
Received mail from GSTN “Aggregate turnover being more than Rs. 5 Cr during FY 2019-20” What does this mean?
Income Tax News

Assessee receiving message for 80GGC donation for AY 2022-23 from Income tax department

January 29, 2025
Guidelines for manual selection of returns for Complete Scrutiny during the financial-year 2019-20-
Income Tax News

Guidance note 2 issued for Vivad se vishwas Scheme, 2024 [Read circular]

January 1, 2025
Guidelines for manual selection of returns for Complete Scrutiny during the financial-year 2019-20-
Income Tax News

Due date extended for filing belated, revised return and Vivad se vishwas declaration

December 31, 2024
Due date for Tax audit for A.Y. 2019-20 extended from 30th September to 31st October
Income Tax News

Extension of due date for furnishing return of income from 30.11.2024 to 15.12.2024

November 30, 2024
Next Post
Father cannot sale shares or use proceeds of sons share being guardian of minor son without permission from court: Chennai Tribunal

Calcutta High court quashes proceedings u/s 148 for AY 2014-15 after 01.04.2021 stating the same as time barred [Read order]

Comments 3

  1. Pingback: Calcutta High court quashes proceedings u/s 148 for AY 2014-15 after 01.04.2021 stating the same as time barred [Read order] - Taxontips
  2. BIKAS BISWAS says:
    3 years ago

    Sir,
    I understand that the Annuity earned each year from PMVVY is taxable. What about the taxability of the Maturity Value? Is it entirely exempt u/s 10(10D) or Only the Purchase Price is exempt and the Final Year Annuity is taxable?

    Reply
    • ADMIN says:
      3 years ago

      Sir, we need to check the documents of the plan you have taken and whether the same fulfills the criteria of 80C and then we can comment on it’s taxability.

      You can also book consultation for the same with our experts at: https://www.taxontips.com/tax-notice-personal-consultation/

      Regards,
      Team Taxontips.com

      Reply

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Google Custom search

Recent Posts

  • Statutory Compliance Calendar for June 2025 | Income tax, GST and various other laws
  • Statutory Compliance Calendar for May 2025 | Income tax, GST and various other laws
  • ITAT Mumbai: Capital Gains on Indian Mutual Funds Not Taxable in India for Non-Residents under DTAA [Case law]
  • Statutory Compliance Calendar for April 2025 | Income tax, GST and various other laws
  • No relief under section 87A for capital gain even after date extended to file revised return for AY 2024-25?

Recent Comments

  • k.salam on Statutory Compliance Calendar for May 2025 | Income tax, GST and various other laws
  • Brendan Gleeson on Clarification for the purposes of Section 269ST of the I.T. Act in respect of dealership/distributorship contract in case of Co-operative Societies
  • Kovac Ryker on Clarification for the purposes of Section 269ST of the I.T. Act in respect of dealership/distributorship contract in case of Co-operative Societies
  • Hailey Bradwell on Clarification for the purposes of Section 269ST of the I.T. Act in respect of dealership/distributorship contract in case of Co-operative Societies
  • ADMIN on Submit response to confirm/ revise the refund claim – Why are you getting this mail and how to get refund

Categories

  • Budget News
  • Business & Other News
  • Case Laws
  • GST news
  • Income Tax News
  • News

Browse Topics by Date

June 2025
M T W T F S S
 1
2345678
9101112131415
16171819202122
23242526272829
30  
« May    
  • GSTR 9/ 9C extended : AGAIN

    GSTR 9/ 9C due date to be extended to 31.10.2020 | E-invoicing will be voluntary in the beginning

    6537 shares
    Share 2615 Tweet 1634
  • How to pay Membership and COP fees of ICAI for 2020-21 |

    6444 shares
    Share 2578 Tweet 1611
  • Code/ Nature of payment 6CR updated by NSDL in challan 281 for paying TCS on sale of goods

    5904 shares
    Share 2362 Tweet 1476
  • Are all the due dates of tax audit and Income tax return for FY 2019-20 extended to 31.03.2021 by the bill presented in Lok sabha Dt. 18.09.2020

    4855 shares
    Share 1942 Tweet 1214
  • SFT transaction mentioned in Form 26AS | What does it mean? | Who reports it? | SFT codes transaction type

    4083 shares
    Share 1633 Tweet 1021

Recent Notification

Compliance due dates for June, 2020 | Compliance calendar for June, 2020 | 20+ compliances

Statutory Compliance Calendar for June 2025 | Income tax, GST and various other laws

June 5, 2025
Compliance due dates for June, 2020 | Compliance calendar for June, 2020 | 20+ compliances

Statutory Compliance Calendar for May 2025 | Income tax, GST and various other laws

May 8, 2025

RSS Taxontips

  • Statutory Compliance Calendar for June 2025 | Income tax, GST and various other laws
  • Statutory Compliance Calendar for May 2025 | Income tax, GST and various other laws
  • ITAT Mumbai: Capital Gains on Indian Mutual Funds Not Taxable in India for Non-Residents under DTAA [Case law]
  • Statutory Compliance Calendar for April 2025 | Income tax, GST and various other laws
  • No relief under section 87A for capital gain even after date extended to file revised return for AY 2024-25?
  • Statutory Audit of Cash and Cash Equivalents in Indian Companies [Company Law]
  • Statutory Audit of Trade Receivables in Indian Companies [Company law]
  • Statutory Compliance Calendar for February 2025 | Income tax, GST and various other laws
  • Budget 2025 updates | Income tax and GST updates
  • Assessee receiving message for 80GGC donation for AY 2022-23 from Income tax department

Categories

  • Budget News
  • Business & Other News
  • Case Laws
  • GST news
  • Income Tax News
  • News

Site menu

  • Home
  • Income Tax
    • Income Tax Return
    • Tax Notice/ Personal consultation
    • Compliance Notice
    • Faceless Assessment
  • GST
    • GST Registration
    • GST Consultation
  • News
    • Income Tax News
    • GST news
    • Budget News
    • Business & Other News
  • Q & A
  • About us
  • Contact us
Taxontips

TaxOnTips provides you all tax related solutions in easy way and update you with its regular updates & notifications Visit us for details.
We are based in Jaipur, India

© 2019-2023 Taxontips.com - Tax assistance at your Fingertips

No Result
View All Result
  • Login/Signup
  • Income Tax
    • Income Tax Return
    • Tax Notice/ Personal consultation
    • Compliance Notice
    • Faceless Assessment
  • GST
    • GST registration
    • GST Consultation
  • News
    • Income Tax News
    • GST news
    • Budget News
    • Business & Other News
  • About us
  • Contact us
  • Ask an expert/ Talk to an expert
  • Q & A
  • Privacy Policy
  • Terms of use

© 2019-2023 Taxontips.com - Tax assistance at your Fingertips

Book Phone consultation with expert

Sitting home or at your office and don't have time to visit CA's office or don't know where to consult CA. Book your consultation with an expert practicing Chartered Accountant and get your query solved.

Book a phone consultation for 30 minutes with our expert at a very basic cost.

Book consultation

No thanks, I'm not interested!